Chodakowski v. Annucci

Background

Szymon Chodakowski filed a federal petition under 28 U.S.C. § 2254 challenging convictions for first-degree rape and first-degree sexual abuse. He alleged that a juror made statements describing the complainant as a “nice Jewish girl” and Chodakowski as a “big dumb Polack.” His attorney argued that the statements could show ethnic bias and violate the constitutional right to an impartial jury.

The New York trial court declined to adjourn sentencing so the defense could investigate the allegations and question other jurors. The Appellate Division affirmed the convictions, concluding that the claims had not been properly preserved, and the New York Court of Appeals denied leave to appeal.

Request to Pause the Federal Case

A magistrate judge recommended dismissing the federal petition without prejudice because Chodakowski had not exhausted available state-court remedies. Exhaustion generally requires a person challenging a state conviction in federal court to first give the state courts an opportunity to consider the federal claim.

Chodakowski asked Judge Swain to hold the federal petition in abeyance—that is, pause the federal case—while he pursued a state-court motion. He relied on the Supreme Court’s decision in Rhines v. Weber, which identifies good cause for the failure to exhaust, potentially meritorious claims, and the absence of intentional delay as relevant factors in deciding whether to stay a mixed petition. He argued that he believed he had already taken the steps required to present the limited relief he was seeking, that the alleged juror statements could support an ethnic-bias claim, and that he had filed his federal petition promptly.

He also argued that dismissal could jeopardize future federal review because the federal petition does not automatically stop the one-year limitations period for seeking federal review of a state conviction. The filing stated that the COVID-19 pandemic had also delayed filings in New York courts.

Action Shown in the Provided Text

Judge Laura Taylor Swain ordered that the deadline for objections to the magistrate judge’s report and recommendation be extended while the request to hold the petition in abeyance was pending. The text also set May 12, 2020, as the deadline for objections and May 15, 2020, as the deadline for any reply.

The provided text does not state that the request to hold the petition in abeyance was granted or denied. It therefore does not show a final ruling on that request or a decision on the underlying juror-bias claim.