Young v. Beaird
1:25-cv-00150
D.N.M.May 5, 2025Background
- Richard L. Young pled guilty to second degree murder in New Mexico state court and was sentenced to 15 years imprisonment, with 3 years suspended.
- Judgment was entered September 4, 2024. Young alleges the sentence differed from what was agreed (claims it should have been 12 years).
- Young did not appeal his conviction or sentence in state court.
- He filed a federal habeas corpus petition under 28 U.S.C. § 2254 on February 12, 2025, arguing his sentence was improper.
- Young did not pay the required habeas fee or file for in forma pauperis status.
- The court flagged an apparent failure to exhaust state remedies before seeking federal relief.
Issues
| Issue | Young's Argument | State's (Implied) Argument | Held |
|---|---|---|---|
| Whether Young exhausted state remedies | Petition is his first challenge | No showing of state process used | No exhaustion; must show cause or dismiss |
| Improper sentence imposed (variance from plea) | Sentenced above agreement | Not addressed | Not reached—failure to exhaust noted |
| Filing fee/in forma pauperis status | None provided | N/A | Must pay fee or file IFP with documentation |
| Applicability of stay on federal proceedings | N/A | N/A | Must show good cause if seeking a stay |
Key Cases Cited
- Montez v. McKinna, 208 F.3d 862 (10th Cir. 2000) (exhaustion of state remedies is generally required for § 2254 petitions)
- Dever v. Kansas State Penitentiary, 36 F.3d 1531 (10th Cir. 1994) (exhaustion means claims must be presented to state's highest court)
- Magar v. Parker, 490 F.3d 816 (10th Cir. 2007) (exhaustion may be excused if no available state process or process is ineffective)
- Doe v. Jones, 762 F.3d 1174 (10th Cir. 2014) (factors for staying habeas case where claims unexhausted)