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STOKES v. STIRLING

No. 18-6.

64 F.4th 131 (2023)

Sammie Louis STOKES, Petitioner-Appellant, v. Bryan P. STIRLING, Director, South Carolina Department of Corrections; Lydell Chestnut, Deputy Warden of Broad River Correctional Secure Facility, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 22, 2023.

Attorney(s) appearing for the Case

ARGUED: Paul Alessio Mezzina, KING & SPALDING LLP, Washington, D.C., for Appellant. Melody Jane Brown, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. ON BRIEF: Diana L. Holt, DIANA L. HOLT, LLC, Columbia, South Carolina; Michele J. Brace, VIRGINIA CAPITAL REPRESENTATION RESOURCE CENTER, Charlottesville, Virginia; Ashley C. Parrish, Joshua C. Toll, Isra J. Bhatty, Edward A. Benoit, Alexander Kazam, Nicholas Mecsas-Faxon, KING & SPALDING LLP, Washington, D.C., for Appellant. Alan Wilson, Attorney General, Donald J. Zelenka, Deputy Attorney General, Michael D. Ross, Assistant Attorney General, J. Anthony Mabry, Senior Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Vacated and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Harris joined. Judge Quattlebaum wrote a dissenting opinion.

Sammie Louis Stokes filed a federal habeas petition pursuant to 28 U.S.C. § 2254, raising constitutional challenges to his death sentence in South Carolina state court. In 2021, we held that Stokes's death sentence was constitutionally defective because his trial counsel provided ineffective assistance during sentencing...

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