No. 22-1234

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

Lower Court: Fourth Circuit
Docketed: 2023-06-23
Status: Denied
Type: Paid
Relisted (3) Experienced Counsel
Tags: aedpa default-rule federal-appellate-procedure federal-courts habeas-corpus judicial-review procedural-default standard-of-review statutory-interpretation strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2023-11-03 (distributed 3 times)
Question Presented (from Petition)

I. Did the Fourth Circuit defy this Court's remand instruction and circumvent 28 U.S.C. § 2254(e)(2)'s limitations on federal court authority by finding forfeiture based on the State not having offered the statutory argument as an alternative ground to deny relief on the claim when the State was defending on appeal the district court's sole finding of default?

II. If forfeiture, did the Fourth Circuit err in granting relief on a defaulted ineffective-assistance-of-trial-counsel claim by violating basic principles of Strickland v. Washington, 466 U.S. 668 (1984) that require reviewing courts afford deference to reasonable strategy and that the whole of the evidence be considered in a prejudice analysis? See, e.g., Wong v. Belmontes, 558 U.S. 15, 20 (2009).

Question Presented (AI Summary)

Whether the Fourth Circuit defied the Supreme Court's remand instruction and circumvented 28 U.S.C. § 2254(e)(2)'s limitations on federal court authority

Docket Entries

2023-11-06
Petition DENIED.
2023-10-30
DISTRIBUTED for Conference of 11/3/2023.
2023-10-23
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
DISTRIBUTED for Conference of 10/13/2023.
2023-09-22
2023-09-07
2023-07-11
Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2023.
2023-07-06
Motion to extend the time to file a response from July 24, 2023 to September 7, 2023, submitted to The Clerk.
2023-06-20

Attorneys

Bryan P. Stirling, et al.
Melody Jane BrownSouth Carolina Attorney General's Office, Petitioner
Sammie Louis Stokes
Paul Alessio MezzinaKing & Spalding, LLP, Respondent