Brown

INTRODUCTION

14 Petitioner Laverne Johnson has filed a motion requesting a stay of his federal habeas 15 proceedings pending his exhaustion of claims M, AA and BB in state court. The Hon. Thelton E. 16 Henderson, to whom this case was previously assigned, deferred ruling on these claims pending 17 the resolution of similar claims raised by Troy Ashmus in Ashmus v. Broomfield, C-93-0594 (N.D. 18 Cal. 2014). Ashmus died in 2020 and his federal habeas petition was dismissed. Petitioner would 19 now like to pursue claims M, AA and BB in state court. Respondent opposes his request. 20 Because good cause exists for petitioner’s failure to exhaust at least one of his claims, there is 21 potential merit to his claims challenging California’s death penalty statute, and he has not been 22 dilatory, I will grant the stay.

BACKGROUND

24 Petitioner was convicted and sentenced to death by San Mateo County Superior Court in 25 1988 for the murder of Maria Victoria Holmes and Luisa Anna Castro. The California Supreme 26 Court affirmed his conviction and sentence in 1993. People v. Johnson, 6 Cal. 4th 1 (1993). 27 Petitioner filed his first federal habeas petition on April 22, 1997. …