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WOOD v. STIRLING

No. 20-11.

27 F.4th 269 (2022)

John R. WOOD, Petitioner-Appellant, v. Bryan P. STIRLING, Commissioner, South Carolina Department of Corrections; Lydell Chestnut, Deputy Warden of Broad River Correctional Institution Secure Facility, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2022.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Anne Franklin-Best , ELIZABETH FRANKLIN-BEST, P.C., for Appellant. Melody Jane Brown , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. ON BRIEF: Emily C. Paavola , JUSTICE 360, Columbia, South Carolina, for Appellant. Alan Wilson , Attorney General, Donald J. Zelenka , Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Motz and Judge Richardson joined.

John R. Wood shot and killed an on-duty police officer. A South Carolina jury convicted him of murder and sentenced him to death. Having exhausted his state remedies, Wood petitioned the district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He now appeals the district court's grant of summary judgment...

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