168 F. Supp. 3d 447
E.D.N.Y2016Background
- Waiters was convicted for firing a gun in 2006 that killed a child and injured others; he served nearly ten years before the district court granted habeas relief for ineffective assistance of counsel.
- The district court ordered Waiters released within 45 days unless the State declared intent to retry; the State declared its intent and moved to stay release pending appeal.
- Waiters sought conditional release on terms proposed by a reentry service (housing, counseling, education, vocational training).
- The court conducted Pretrial Services intake and considered Hilton stay factors and Rule 23(c)’s presumption of release for successful habeas petitioners.
- The court found the State’s likelihood of success on appeal low (trial counsel failed to present intoxication/expert evidence), and that the balance of stay factors favored conditional release.
- The court ordered conditional release on bond ($50,000), placement in a Brooklyn three-quarter house, GPS monitoring, random testing, education/vocational requirements, and no weapons/drug use or contact with victims’ families; release was stayed until March 25, 2016 to permit appellate action and placement arrangements.
Issues
| Issue | Plaintiff's Argument (Waiters) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Waiters should be released pending the State's appeal of the habeas grant | Rule 23(c) presumes release; conditional release with supervision mitigates risks | State urges continued custody and a stay because it intends to retry and will appeal | Court ordered conditional release under strict conditions but stayed release until Mar 25, 2016 to allow State to seek appellate relief |
| Likelihood of success on appeal (Strickland claim) | Counsel’s omission of BAC/expert evidence prejudiced the defense; conviction undermined | Trial strategy justified; expert testimony could have hurt intoxication defense; no reasonable probability of different verdict | Court found State’s likelihood of success low and that the state court unreasonably applied Strickland |
| Risk of flight and danger to the public if released | Conditions (bond, GPS, residence, programs, testing) adequately mitigate risk | Continued custody necessary for public safety and rehabilitation pending appeal | Court found no demonstrated risk to the public given Waiters’ record and imposed strict release conditions |
| Whether federal court should delay release to allow State to seek state-court bail determination | Waiters: federal habeas custody governs release; federal court retains authority to set recognizance | State requested time to present Waiters to state court for bail determination | Court denied the request to defer to state court and reaffirmed federal control over release during habeas proceedings |
Key Cases Cited
- Hilton v. Braunskill, 481 U.S. 770 (1987) (sets stay factors and affirms Rule 23(c) presumption of release)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- Walberg v. Israel, 776 F.2d 134 (7th Cir.) (Rule 23(c) creates presumption of release)
- U.S. ex rel. Thomas v. State of N.J., 472 F.2d 735 (3d Cir.) (federal habeas court retains control over petitioner and recognizances)
- Jago v. U.S. Dist. Court, 570 F.2d 618 (6th Cir.) (immediacy of habeas relief and district court custody control)
- Workman v. Tate, 958 F.2d 164 (6th Cir.) (district court’s Rule 23(c) order is presumptively correct on appeal)