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ALLEN v. STEPHAN

No. 20-6.

42 F.4th 223 (2022)

Quincy J. ALLEN, Petitioner-Appellant, v. Michael STEPHAN, Warden, Broad River Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2022.

Attorney(s) appearing for the Case

ARGUED: Aren Kevork Adjoian , FEDERAL COMMUNITY DEFENDER OFFICE, Philadelphia, Pennsylvania, for Appellant. Melody Jane Brown , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee. ON BRIEF: Joshua Snow Kendrick , KENDRICK & LEONARD, P.C., Greenville, South Carolina; E. Charles Grose, Jr. , GROSE LAW FIRM, Greenwood, 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 Appellee.

Reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Harris joined. Judge Rushing wrote a dissent.

Quincy Allen was convicted of two capital murders and sentenced to death in a South Carolina state court. During the penalty phase, the government and defense experts agreed that Allen suffered persistent childhood abuse; they also agreed that he had at least one mental illness—rumination disorder—and disagreed...

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