Griffin v. Warden-A.M.K.C.

Background

Jeremiah Jerome Griffin, who was incarcerated at the Anna M. Kross Center on Rikers Island, filed a petition under 28 U.S.C. § 2241 challenging his pretrial detention. He alleged that he had been unlawfully incarcerated since May 27, 2022, following a New York County arrest. He stated that he had not been convicted.

Griffin raised two principal claims: that he was denied the right to testify before the grand jury and that the grand-jury proceedings were improperly extended, violating his speedy-trial rights under New York Criminal Procedure Law § 180.80. He sought to have the arrest dismissed or vacated and to be released. The petition included communications between his attorneys and a transcript that Griffin said showed that his attorneys had been ineffective or committed legal malpractice by misrepresenting his wishes.

An attorney had filed a state-court habeas petition for Griffin, but the New York Supreme Court, New York County, denied it on June 23, 2022. The opinion said there was no indication that Griffin had appealed that denial.

Court’s analysis

The court explained that a federal petition under § 2241 provides a limited way for a state pretrial detainee to challenge detention. Federal courts ordinarily must refrain from interfering with ongoing state criminal proceedings, subject to limited exceptions. The court said Griffin’s speedy-trial allegations might qualify for review before the state criminal case ended because he claimed that the state court had prevented him from being brought to trial quickly.

The court nevertheless held that Griffin had to exhaust available state-court remedies before seeking federal relief. For a pretrial detainee, that generally includes seeking habeas relief in state court and, when necessary, appealing through the New York Court of Appeals. Griffin did not allege that he had pursued such an appeal. The court also noted that merely filing the state habeas petition in the New York Supreme Court did not establish that he had completed the available appeals.

Ruling

Because Griffin was representing himself, the court granted him leave to amend his § 2241 petition. Judge Laura Taylor Swain directed him to state what he had done to present his claims to the state courts, including whether he had pursued all levels of appellate review. He had 60 days to submit an amended petition to the court’s Pro Se Intake Unit, label it “Amended Petition,” and use docket number 22-CV-6302 (LTS). No answer was required at that time.

The court warned that if Griffin failed to comply within the 60-day period and could not show good cause, the petition would be denied in its entirety. The court also stated that a certificate of appealability would not issue because the petition made no substantial showing that a constitutional right had been denied. It further denied permission to proceed without paying filing fees for an appeal, certifying that an appeal would not be taken in good faith.