Steven Vernon BIXBY, Petitioner-Appellant,
v.
Bryan P. STIRLING, Commissioner, South Carolina Department of Corrections; Lydell Chestnut, Deputy Warden, Broad River Correctional Institution, Respondents-Appellees.
Legal Ethics Professors, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 22, 2023.
Decided: November 27, 2023.
Amended: January 5, 2024.
Attorney(s) appearing for the Case
ARGUED: David Weiss, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. William Joseph Maye, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. ON BRIEF: John G. Baker, Federal Public Defender, Gretchen L. Swift, Assistant Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina; Joshua Snow Kendrick, KENDRICK & LEONARD, P.C., Greenville, South Carolina, for Appellant. Alan Wilson, Attorney General, Donald J. Zelenka, Deputy Attorney General, Melody J. Brown, Senior Assistant Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Joseph B. Warden, Wilmington, Delaware, Daniel A. Tishman, FISH & RICHARDSON P.C., Washington, D.C., for Amici Curiae.
Vacated and remanded with instructions by published opinion. Judge Agee wrote the opinion in which Chief Judge Diaz and Judge Harris joined.
AGEE, Circuit Judge:
After the district court denied Steven Vernon Bixby's initial 28 U.S.C. § 2254 petition, he obtained new counsel and filed a motion to reopen that judgment under Federal Rule of Civil Procedure 60(b). He argued that exceptional circumstances warranted this relief because his original...
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