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BOSTICK v. STEVENSON

No. 08-6331.

589 F.3d 160 (2009)

ROGER O'Neill BOSTICK, a/k/a Rodgers O'Neill Bostick, Petitioner-Appellant, v. FNU STEVENSON, Warden, Broad River Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 17, 2009.

Attorney(s) appearing for the Case

ARGUED: Daniel Vandergriff, Wake Forest University School of Law, Appellate Advocacy Clinic, Winston-Salem, North Carolina, for Appellant. William Edgar Salter, III, Office of the Attorney General, Columbia, South Carolina, for Appellee. ON BRIEF: John J. Korzen, Brian J. Conley, Third Year Law Student, Matthew J. Monteith, Third Year Law Student, Wake Forest University School of Law, Appellate Advocacy Clinic, Winston-Salem, North Carolina, for Appellant. Henry Dargan McMaster, Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellee.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.

OPINION

GREGORY, Circuit Judge:

Roger O'Neill Bostick ("Bostick"), appeals the district court's awarding summary judgment to the warden in his petition for a writ of habeas corpus. We issued a certificate of appealability to address Bostick's ineffective assistance of counsel claim pursuant to 28 U.S.C. § 2253(c) (2006), and now agree with Bostick that the state procedural ground under which the district court found his claim to have been procedurally...

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