Musaid v. State of New York

Background

Mohamed Musaid sought leave to appeal to the Court of Appeals. In a six-page letter, he identified one basis for appeal: whether the court sufficiently questioned his waiver of the right to assert an insanity defense. The order also addressed a separate issue concerning Musaid’s competency to stand trial.

Exhaustion and procedural bar

The court explained that a claim generally cannot be raised in a federal habeas petition unless it has been fully exhausted in state-court proceedings under 28 U.S.C. § 2254(b). Exhaustion requires one complete round of state appellate review, which in New York includes seeking permission to appeal to the Court of Appeals.

The court further explained that when a petitioner identifies fewer than all issues in a request for permission to appeal, an issue not specifically raised may be treated as unexhausted and procedurally barred. A general request that the Court of Appeals address all issues does not preserve an issue that the petitioner did not specifically identify and discuss. The court stated that it must consider exhaustion even if the respondent does not raise it.

Order

The court ordered Musaid to submit, by March 29, 2021, a letter brief of no more than five pages explaining why the issue of his competency to stand trial was not procedurally barred. The respondent was ordered to submit a response of no more than five pages by April 19, 2021. Musaid could submit a reply of no more than three pages by April 29, 2021.

The order did not decide whether Musaid was competent to stand trial or whether his waiver of an insanity defense was valid. It required additional briefing on the possible procedural bar.