Dykes
Dykes v. Ayers
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERNEST EDWARD DYKES, Case No. 11-cv-04454-SI
Petitioner, DEATH PENALTY CASE
v. ORDER DENYING REQUEST FOR
STAY AND ABEYANCE
RON BROOMFIELD, Acting Warden, San Quentin State Prison, Re: Dkt. No. 134 11 Respondent. 12 Petitioner Ernest Edward Dykes has filed an “Application to Stay Proceedings While Petitioner Exhausts New Claim Pursuant to U.S. Supreme Court Decision in New York State v. Bruen, 597 U.S. __ (June 23, 2022).” Dkt. No. 134. In essence, Petitioner seeks to invoke the stay and abeyance procedure of Rhines v. Weber, 544 U.S. 269, 278 (2005). Respondent opposes the motion. For the following reasons, Petitioner’s motion will be DENIED. 18 BACKGROUND In 1995, a jury in Alameda County convicted Petitioner of the first degree murder of nine- year-old Lance Clark, along with the robbery and attempted first degree murder of Lance’s grandmother, Bernice Clark. People v. Dykes, 46 Cal.…