United States Sixth Circuit

In habeas proceedings arising from a conviction for killing a pedestrian while driving under the influence, district court's grant of the petition in part in determining that defendant had failed to exhaust her jury instruction claim but had exhausted her Blakely claim, is dismissed for lack of jurisdiction as the district court's decision to grant or deny a stay of its own proceedings is not ordinarily a final decision for the purposes of section 1291.

Appellate Information

• Decided 06/04/2010
• Published 06/04/2010

Judges

• Before BATCHELDER, Chief Judge; SUTTON and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Lawrence J. Emery, Law Office, Lansing, Michigan, for Appellee.