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WOODY v. NANCE

No. 21-6088.

108 F.4th 232 (2024)

Millanyo WOODY, Petitioner-Appellant, v. NANCE, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2024.

Attorney(s) appearing for the Case

ARGUED: Margaret Kruzner, DUKE UNIVERSITY SCHOOL OF LAW, Durham, North Carolina, for Appellant. Julianna Battenfield, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee. ON BRIEF: Richard B. Katskee, Luke Mears, Matthew S. Queen, DUKE UNIVERSITY SCHOOL OF LAW, Durham, North 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 Appellee.

Vacated and remanded by published opinion. Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.

Millanyo Woody has been pursuing habeas relief for nine years. In 2020, the district court denied his ineffective assistance of counsel claim. It held that although Woody's counsel's performance fell below an objective standard of reasonableness, counsel's performance did not prejudice Woody. The district court mailed Woody...

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