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OWENS v. STIRLING

Opinion No. 28132.

438 S.C. 352 (2023)

882 S.E.2d 858

Freddie Eugene OWENS, Brad Keith Sigmon, Gary DuBose Terry, and Richard Bernard Moore, Respondents-Appellants, v. Bryan P. STIRLING, in his official capacity as the Director of the South Carolina Department of Corrections; South Carolina Department of Corrections; and Henry McMaster, in his official capacity as Governor of the State of South Carolina, Appellants-Respondents.

Supreme Court of South Carolina.

Filed January 26, 2023.

Rehearing Denied February 9, 2023.

Attorney(s) appearing for the Case

Chief Legal Counsel Thomas Ashley Limehouse, Jr. , Senior Legal Counsel William Grayson Lambert , and Deputy Legal Counsel Erica Wells Shedd , all of Columbia, for Appellant-Respondent Governor Henry McMaster; Daniel Clifton Plyler and Austin Tyler Reed , both of Smith Robinson, of Columbia, for Bryan P. Stirling, Director, and the South Carolina Department of Corrections, Appellants-Respondents.

Lindsey Sterling Vann , Emily C. Paavola , Hannah Lyon Freedman , Breedan Matthew Van Winkle , and Allison Ann Franz , all of Justice 360; Elizabeth Anne Franklin-Best , of Elizabeth Franklin-Best, P.C., and John Christopher Mills , of J. Christopher Mills, LLC, all of Columbia; Joshua Snow Kendrick , of Kendrick & Leonard, P.C., of Greenville; and John H. Blume, III , of Ithaca, NY, for Respondents-Appellants.

Four prisoners filed this declaratory judgment action challenging two of the execution methods set forth in South Carolina's death penalty statute1—electrocution and the firing squad—because they violate the South Carolina Constitution's article I, section 15 prohibition against cruel...

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