No. 20-6166

Brad Keith Sigmon v. Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al.

Lower Court: Fourth Circuit
Docketed: 2020-10-29
Status: Denied
Type: IFP
IFP
Tags: capital-punishment capital-sentencing cumulative-evidence evidentiary-hearing ineffective-assistance-of-counsel martinez-claim martinez-v-ryan mitigation-evidence sixth-amendment
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. Capital defendant Brad Sigmon presented additional mitigation evidence uncovered during a Martinez investigation that addressed the same general subject matter presented at the sentencing phase of trial in greater depth and detail. Did the Fourth Circuit, in a decision that widened an existing circuit split, violate this Court's directives on the Sixth Amendment's right to effective counsel when it rejected Sigmon's Martinez evidence as cumulative, and as a matter of law insubstantial, simply because it covered similar topics as those presented at trial?

2. In considering whether to grant an evidentiary hearing on a Martinez claim, does the requirement that evidence be substantial merely require a showing of some merit, as suggested by this Court, or must the reviewing court be convinced of a reasonable probability of a different outcome before allowing such a hearing?

Question Presented (AI Summary)

Whether the Fourth Circuit violated this Court's directives on the Sixth Amendment's right to effective counsel when it rejected Sigmon's Martinez evidence as cumulative and insubstantial

Docket Entries

2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Reply of petitioner Brad Sigmon submitted.
2020-11-30
Brief of respondent Bryan Stirling in opposition filed.
2020-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2020)

Attorneys

Brad Sigmon
Joshua Snow KendrickKendrick & Leonard, P.C., Petitioner
Bryan Stirling
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent