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BENNETT v. STIRLING

No. 16-3.

842 F.3d 319 (2016)

Johnny BENNETT, Petitioner-Appellee, v. Bryan P. STIRLING, Commissioner, South Carolina Department of Corrections; Joseph McFadden, Warden, Lieber Correctional Institution, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: November 21, 2016.

Attorney(s) appearing for the Case

ARGUED: Alphonso Simon, Jr. , Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants. John Henry Blume, III , Cornell Law School, Ithaca, New York, for Appellee. ON BRIEF: Alan Wilson , Attorney General, John W. McIntosh , Chief Deputy Attorney General, Donald J. Zelenka , Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants.

Lindsey S. Vann , Justice 360, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge King and Judge Harris joined.

Petitioner Johnny Bennett challenges the imposition of a capital sentence in the South Carolina courts. While recognizing full well the deferential standard of review under AEDPA, we nonetheless agree with the district court that the sentencing was suffused with racially coded references to a degree that made a fair proceeding...

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