Jerry Stanley v. Kevin Chappell, 2014 U.S. App. LEXIS 15633

Stanley was convicted in California state court in 1983 of first-degree murder; penalty-phase included a competency proceeding under Cal. Penal Code §1368.
After competency proceedings, Stanley was found competent and the penalty-phase trial resumed, resulting in a death verdict.
Stanley pursued state and federal review; federal habeas petition was stayed and abeyed pending exhaustion in state court.
The district court denied guilt-phase claims, deferred adjudication of penalty-phase claims, and remanded to state court to determine feasibility and retroactive competency.
On appeal, we previously affirmed the remand and, on remand, California courts found feasibility and competence in retrospective proceedings.
The district court later stayed the federal challenge to the state court competency determinations pending exhaustion; Stanley challenges that stay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the stay-and-abeyance order appealable collateral order?	Stanley argues Cohen collateral-order jurisdiction applies.	Chappell argues no Cohen jurisdiction; posture not final.	No collateral-order jurisdiction under Cohen.
Does Moses H. Cone apply to make the stay reviewable as a final order?	Stanley contends stay effectively removes him from federal court.	Chappell contends stay simply defers, not surrendering jurisdiction.	Not reviewable under Moses H. Cone; district court did not effectively put Stanley out of court.
May the appeal be treated as mandamus to compel relief?	Stanley seeks mandamus to correct stay decision.	Chappell argues mandamus inappropriate as factors not satisfied.	Mandamus denied; five-factor test; third factor not met; appeal dismissed for lack of jurisdiction.

Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949) (collateral-order doctrine framework)
Digital Equipment Corp. v. Desktop Direct, Inc., 511 U.S. 863 (1994) (collateral-order requirements detailed)
Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009) (limits to collateral-order doctrine; final-judgment rule)
Thompson v. Frank, 599 F.3d 1088 (9th Cir. 2010) (stay-and-abeyance reviewability; exhaustion context)
Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 (1983) (stay that effectively removes from court; reviewability limitations)
Lockyer v. Mirant Corp., 398 F.3d 1098 (9th Cir. 2005) (stay-and-abeyance generally not surrendering federal jurisdiction)
Blue Cross & Blue Shield of Alabama v. Unity Outpatient Surgery Ctr., Inc., 490 F.3d 718 (9th Cir. 2007) (distinguishes stay orders that are not final dispositions)
Davis v. Walker, 745 F.3d 1303 (9th Cir. 2014) (stay of action until restoration of competency deemed appealable)
Swanson v. DeSantis, 606 F.3d 829 (6th Cir. 2010) (stay to allow state court ruling on common issues)
In re Copley Press, Inc., 518 F.3d 1022 (9th Cir. 2008) (collateral order framework application)
Rose v. Lundy, 455 U.S. 509 (1982) (exhaustion; gateway requirement for habeas petitions)