United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
D. NOCE, UNITED STATES MAGISTRATE JUDGE
matter comes before the Court on the motion of petitioner
Ledale Nathan, by and through counsel, to stay and hold in
abeyance his petition for writ of habeas corpus. (Docket No.
6). For the reasons discussed below, the motion will be
a jury trial on April 11, 2011, petitioner was convicted of
twenty-six criminal counts: one count of first-degree murder;
thirteen counts of armed criminal action; five counts of
kidnapping; four counts of first-degree robbery; two counts
of first-degree assault; and one count of first-degree
burglary. State of Missouri v. Nathan, No.
1022-CR01659 (22nd Cir., St. Louis
City). However, the circuit court subsequently
dismissed counts IX, X, XXIII, and XXIV for lack of
jurisdiction. The circuit court determined that these four
counts, representing offenses against victim Rosemary
Whitrock, were never before the juvenile court, and thus
could not be transferred to the circuit court. Petitioner was
sentenced to life without probation or parole on the
first-degree murder count, and also received sentences
ranging from fifteen years to life on the remaining
direct appeal, the Missouri Supreme Court remanded the
first-degree murder conviction for resentencing in light of
the holding in Miller v. Alabama, 567 U.S. 460
(2012) that a mandatory sentence of life without parole for a
juvenile offender was unconstitutional. State v.
Nathan, 404 S.W.3d 253, 269-71 (Mo. 2013). The Missouri
Supreme Court explained that on remand, if the sentencer
"was persuaded beyond a reasonable doubt" that life
without parole for first-degree murder was appropriate, the
sentence was constitutional and must be imposed. Id.
at 270-71. However, if the sentencer was not convinced that
life without parole was appropriate, then the circuit court
was required to enter a finding of guilt on second-degree
murder, and enter a sentence accordingly. Id. at
271. The Missouri Supreme Court also determined that the
circuit court had improperly dismissed the four Whitrock
counts, and remanded those counts for sentencing.
Id. at 259-60.
November 18, 2013, after the Missouri Supreme Court ordered
resentencing, but before said resentencing could take place,
petitioner filed his first postconviction motion pursuant to
Mo. S.Ct. R. 29.15. Nathan v. State of Missouri, No.
1322-CC09963 (22nd Cir., St. Louis City). The
motion challenged the twenty-one counts that had been
affirmed by the Missouri Supreme Court in State v.
Nathan, 404 S.W.3d 253 (Mo. 2013).
25, 2014, the circuit court resentenced petitioner to life
imprisonment for second-degree murder. Petitioner was also
sentenced on the four Whitrock counts. State of Missouri
v. Nathan, No. 1022-CR01659 (22nd Cir., St.
Louis City). He filed a notice of appeal on July 30, 2014.
that appeal was pending, the circuit court denied
petitioner's Rule 29.15 motion on August 1, 2016.
Nathan v. State of Missouri, No. 1322-CC09963
(22nd Cir., St. Louis City). Petitioner filed a
notice of appeal on August 16, 2016.
November 17, 2015, the Missouri Court of Appeals affirmed the
sentencing decisions made by the circuit court with regard to
petitioner's convictions for second-degree murder and the
four Whitrock counts. State v. Nathan, 2015 WL
725338, at *1 (Mo. App. 2015). The case was ordered
transferred to the Missouri Supreme Court on April 5, 2016.
Thereafter, on July 11, 2017, the Missouri Supreme Court
affirmed the judgment of the circuit court. State v.
Nathan, 522 S.W.3d881, 894(Mo.2017).
filed a second motion for postconviction relief on October
13, 2017. Nathan v. State of Missouri, No.
1722-CC11525 (22nd Cir., St. Louis City). The
second motion for postconviction relief pertained to the
murder count and the four Whitrock counts.
petitioner's appeal of the denial of his first
postconviction motion was affirmed by the Missouri Court of
Appeals on June 19, 2018. Nathan v. State, 556
S.W.3d 99, 100 (Mo. App. 2018). Petitioner's motion for
rehearing and/or transfer to the Missouri Supreme Court was
denied on July 24, 2018. His application for transfer to the
Missouri Supreme Court was denied on September 25, 2018. The
mandate was issued September 28, 2018.
second postconviction proceeding, regarding the murder count
and the four Whitrock counts, is still pending before the
instant petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254 was filed by petitioner's counsel on
September 3, 2019. (Docket No. 1). A motion for leave to
proceed in forma pauperis was also filed. (Docket No. 2). On
September 5, 2019, petitioner's counsel filed a motion to
stay proceedings until disposition of his second