STANKO v. STIRLING

No. 22-2, No. 22-3.

109 F.4th 681 (2024)

Stephen C. STANKO, Petitioner-Appellant, v. Bryan P. STIRLING, Director, South Carolina Department of Corrections; Lydell Chestnut, Deputy Warden of Broad River Correctional Secure Facility, Respondents-Appellees. Stephen C. Stanko, 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: July 29, 2024.


Attorney(s) appearing for the Case

ARGUED: Joseph Perkovich, PHILLIPS BLACK, INC., New York, New York, for Appellant. James Anthony Mabry, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. ON BRIEF: E. Charles Grose, Jr., THE GROSE LAW FIRM, LLC, Greenwood, South Carolina; Joseph C. Welling, PHILLIPS BLACK, INC., St. Louis, Missouri, 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.

Affirmed in part and dismissed in part by published opinion. Judge Harris wrote the opinion, in which Chief Judge Diaz and Judge Heytens joined.


Stephen Stanko appeals the district court's denial of a 28 U.S.C. § 2254 petition challenging one of his two South Carolina capital convictions and sentences. We conclude that none of Stanko's claims can survive review under the Antiterrorism and Effective Death Penalty...

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