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Fletcher-Bey v. Pfister

United States District Court, S.D. Illinois

November 6, 2017

ANTONIO D. FLETCHER-BEY, Petitioner,
v.
RANDY PFISTER, Respondent.

          MEMORANDUM AND ORDER

          DAVID R. HERNDON, UNITED STATES DISTRICT JUDGE

         Petitioner Antonio D. Fletcher-Bey was convicted of aggravated kidnapping by a jury in the Circuit Court of Madison County, Illinois, in 2006. He was sentenced to twenty-eight years imprisonment. After pursuing various state court challenges to his conviction, he filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. (Doc. 1).

         This matter is now before the Court on respondent's Motion to Dismiss or Stay. (Doc. 14). Respondent argues that the petition is time-barred, but suggests a stay may be appropriate because of pending state court proceedings. Petitioner agrees that the case should be stayed. (Doc. 21).

         Grounds Asserted for Habeas Relief

         As construed on preliminary review, the petition states the following grounds:

1. The state failed to prove the secrecy element of aggravated kidnapping.
2. The trial judge did not allow petitioner to inquire into possible racial bias during jury selection.
3 Petitioner's waiver of counsel was not unequivocal, unambiguous, or voluntary.
4. The prosecutor committed reversible error during closing argument.
5. The use of a witnesses' prior statement violated hearsay rules.
6. A term of supervised release was imposed pursuant to an ambiguous statute that has since been revised

See, Doc. 7.

         State Court Proceedings

         Petitioner has filed a number of overlapping challenges to his ...


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