No. 21-938

Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. Sammie Louis Stokes

Lower Court: Fourth Circuit
Docketed: 2021-12-23
Status: GVR
Type: Paid
Relisted (2) Experienced Counsel
Tags: capital-punishment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice-analysis procedural-default strategic-decision strickland-standard strickland-v-washington
Latest Conference: 2022-05-26 (distributed 2 times)
Question Presented (from Petition)

I. Did the Fourth Circuit violate basic principles of Strickland v. Washington, 466 U.S. 668 (1984) when it failed to reweigh the whole of the evidence in its prejudice analysis to determine if there was a reasonable probability of a different result?

II. Did the Fourth Circuit err in granting relief on a defaulted claim when trial counsel had reasonable strategic reasons not to pursue a "bad upbringing" mitigation defense, and collateral counsel had reasonable strategic reasons not to pursue an

III. Alternatively, should this case be held pending the outcome of Shinn v. Ramirez, No. 20-1009 (argued Dec. 8, 2021)?

Question Presented (AI Summary)

Whether the Fourth Circuit violated Strickland v. Washington in its prejudice analysis

Docket Entries

2022-07-05
JUDGMENT ISSUED
2022-05-31
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Shinn v. Martinez Ramirez, 596 U.S. ___ (2022).
2022-05-23
DISTRIBUTED for Conference of 5/26/2022.
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-03-29
Reply of petitioners Bryan Stirling, et al. filed. (Distributed)
2022-03-10
Brief of respondent Sammie Stokes in opposition filed.
2022-02-01
Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2022.
2022-01-31
Motion to extend the time to file a response from January 24, 2022 to March 10, 2022, submitted to The Clerk.
2021-12-21
Petition for a writ of certiorari filed. (Response due January 24, 2022)

Attorneys

Bryan Stirling, et al.
Melody Jane BrownSouth Carolina Attorney General's Office, Petitioner
Sammie Stokes
Ashley C. ParrishKing & Spalding, Respondent