Stokes v. Byars
| Sammie Louis Stokes |
| Bryan P Stirling and Joseph McFadden |
| 1:2016cv00845 |
| March 9, 2016 |
| US District Court for the District of South Carolina |
| Aiken Office |
| Orangeburg |
| R Bryan Harwell |
| Shiva V Hodges |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
258
ORDER issuing Petitioner a writ of habeas corpus vacating his death sentence unless the State of South Carolina grants him a new sentencing hearing within one year (365 days) of the date of this Order. If the State of South Carolina has not commenced jury selection in the new sentencing hearing within 365 days (i.e., June 10, 2024), the State must sentence Petitioner to life imprisonment. Signed by Chief Judge R. Bryan Harwell on 6/8/2023. (lbak)
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Filing
247
ORDER granting 244 Motion to Vacate, vacating the October 15, 2021 242 order and 243 judgment. Signed by Chief Judge R. Bryan Harwell on 8/8/2022. (lbak)
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Filing
223
ORDER adopting as modified the 218 Report and Recommendation, granting Respondent's 160 motion for summary judgment, denying and dismissing the petition in its entirety with prejudice, and denying a certificate of appealability. Signed by Honorable R. Bryan Harwell on 9/28/2018. (bgoo)
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Filing
177
ORDER setting forth the procedure the court intends to utilize for the evidentary hearing. Signed by Magistrate Judge Shiva V Hodges on 11/8/2017. (mwal)
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Filing
164
ORDER denying 149 MOTION for Protective Order Concerning Discovery Issues filed by Sammie Louis Stokes. Signed by Magistrate Judge Shiva V Hodges on 10/19/2017. (mwal)
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Filing
147
TEXT ORDER granting 146 MOTION for Extension of Time filed by Sammie Louis Stokes. Signed by Magistrate Judge Shiva V Hodges on 9/20/2017. (mwal)
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Filing
118
ORDER: The United States Marshal for the District of South Carolina shall pay all fees for Petitioner's fact witnesses appearing pursuant to subpoena, including travel expenses, court reporter fees, and Petitioner's copy of deposition transcripts. Second, witness fees, travel expenses, court reporter fees, and transcript copy costs for any depositions noticed by Respondents shall be paid by the State of South Carolina. The State of South Carolina shall also pay for Respondents' transcript copy of any deposition noticed by Petitioner. Signed by Honorable R Bryan Harwell on 7/21/2017. (mwal)
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Filing
116
ORDER denying the request to hold Ground Eight in abeyance. Signed by Magistrate Judge Shiva V Hodges on 6/29/2017. (mwal)
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Filing
113
ORDER granting 112 Joint MOTION for Protective Order filed by Sammie Louis Stokes. Signed by Magistrate Judge Shiva V Hodges on 6/27/2017. (mwal)
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Filing
98
ORDER adopting and incorporating 87 Report and Recommendation; denying Petitioner's 76 Motion to Stay without prejudice to refiling in the event there are developments in Petitioner's pending state habeas corpus action warranting reconsideration of a stay in this federal case; and denying as moot Petitioner's 94 Motion to Stay the briefing schedule and hold in abeyance. Signed by Honorable R Bryan Harwell on 3/24/2017. (mwal)
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Filing
86
ORDER denying Petitioner's 76 MOTION to Stay and hold Federal Proceedings in Abeyance. The parties are instructed to continue with the briefing schedule set forth in the First Amended Scheduling Order, as modified by subsequent orders. [ECF Nos. 55, 85]. Signed by Magistrate Judge Shiva V Hodges on 1/24/2017. (mwal)
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Filing
23
ORDER accepting 22 Petition as filed; granting 21 Second MOTION to Stay; and requiring Respondents to file a response on or before Monday, June 20, 2016, to Petitioner's request that he be granted the remaining time under the statute of limitations, until December 23, 2016, in which to file an amended petition, before ordering Respondents to respond. Signed by Honorable R Bryan Harwell on 6/14/2016. (mwal)
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Filing
8
ORDER: Petitioner's 1 Motion for Stay of Execution is GRANTED; The stay shall expire ninety (90) from the date counsel is appointed pursuant to 28 U.S.C. § 2251(a)(3); Prior to the expiration of the ninety (90)-da y stay of execution, Petitioner is required to seek a longer stay of execution pursuant to 28 U.S.C. § 2251(a)(1) to file his habeas petition and to allow the court to rule on the merits of the petition; and the Clerk of Court shall assign a civ il action number to this case and shall notify the undersigned to review the stay of execution twenty (20) days prior to the expiration of the ninety (90) day stay of execution. This matter is referred to the assigned United States Magistrate Judge for preliminary proceedings Bryan P Stirling and Joseph McFadden added. William R Byars (Commissioner, South Carolina Department of Corrections) terminated. Signed by Honorable R Bryan Harwell on 3/16/2016. (mwal)
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