Whether a state court can maintain jurisdiction and continue proceedings against a defendant after a federal habeas writ has unconditionally vacated the original conviction

No question identified. : Immediate intervention is required to prevent irreparable constitutional injury. GROUNDS FOR EMERGENCY RELIEF J. There is a reasonable probability that this Court will grant certiorari. The petition presents multiple, conflicts with this Court’s precedents, including: 1. Hewitt v. United States, 145 S. Ct. 2165 (2025) — vacatur wholly nullifies a conviction and leaves the defendant “as if no trial had ever taken place.” Ohio courts continue to treat Petitioner as “convicted” despite a May 29, 2024 vacatur. 2. Norris v. Crocker, Hendrix, Tynen, Yeaton, Chambers, Bell — repeal of a statute deprives courts of jurisdiction. Petitioner’s alleged indictment relies on repealed death-penalty specifications. 3. Evans v. Michigan, Ashe, Crist, Vitale, Johnson v. Mississippi, Nelson v. Colorado — dismissed predicate offenses cannot sustain jurisdiction, detention, or conviction. Aggravated robbery was dismissed in 1998. 4. Apprendi, Alleyne, Haymond, Sullivan — judicial factfinding cannot substitute for jury findings. Ohio courts rely on facts never found by a jury. These conflicts are direct, substantial, and warrant review. II. There is a fair prospect that this Court will reverse the judgment below. 2 The Ohio Supreme Court’s decision: e Treats a vacated conviction as legally operative e Upholds jurisdiction under a repealed statute e Permits detention based on a dismissed predicate offense e Allows sentencing based on judicial factfinding e Ignores the unconditional federal habeas writ e Violates the Suspension Clause, Due Process, Double Jeopardy, and the Sixth Amendment These errors are structural and jurisdictional. Reversal is not merely possible — it is likely. III. Petitioner will suffer irreparable harm absent a stay. Without a stay: e Petitioner remains unlawfully detained under a vacated judgment e The State may attempt resentencing without jurisdiction e Proceedings may continue under a repealed statute e Petitioner may be subjected to double jeopardy e Constitutional violations will compound and become unreviewable Unlawful incarceration constitutes irreparable harm of the highest order. IV. The balance of equities overwhelmingly favors a stay. e The State suffers no prejudice from pausing proceedings that are already void. e Petitioner faces ongoing detention in violation of federal law. e The public interest favors uniform application of federal constitutional guarantees and respect for federal habeas judgments. A stay preserves the status quo and prevents further constitutional injury. RELIEF REQUESTED Petitioner respectfully requests that this Court: 1. Stay all proceedings in the Ashtabula County Court of Common Pleas in Case No. 1997CR221; 2. Stay any resentencing, hearings, or further adjudicatory action; 3. Order that Petitioner’s detention be immediately halted pending disposition of the petition; and 4, Grant any further relief that this Court deems just and proper. Respectfully submitted, Malik Allah-U-Akbar Petitioner, ProSe «~~ Ashtabula County Jail 25 W. Jefferson Street Jefferson, Ohio 44047 Date: _ YW (‘S é ml ‘ CERTIFICATE OF SERVICE I, Malik Allah-U-Akbar, certify that on this __ day of January, 2026, I placed in the institutional mail system, with first-class postage prepaid, a true and correct copy of the following documents: e Motion for Emergency Stay of Proceedings Pending Disposition of Petition for Writ of Certiorari e¢ Petition for Writ of Certiorari « Motion for Leave to Proceed In Forma Pauperis e in Support of Motion to Proceed In Forma Pauperis e Appendices and supporting materials These documents were served upon the following party by U.S. Mail: Mathura Sridharan Solicitor General of Ohio Office of the Attorney General State of Ohio, Dave Yost 30 E. Broad Street, 17th Floor Columbus, Ohio 43215 I declare under penalty of perjury that the foregoing is true and correct. Respectfully submitted, /s/ Malik Allah-U-Akbar Petitioner, Pro Se Ashtabula County Jail 25 W