Bennett v. Stirling et al
| Johnny Bennett |
| Bryan P Stirling and Joseph McFadden |
| 2:2013cv03191 |
| November 14, 2013 |
| US District Court for the District of South Carolina |
| Charleston Office |
| Lexington |
| Richard M Gergel |
| Bruce Howe Hendricks |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
108
ORDER adopting 98 Report and Recommendation as to Ground Three, Ground Four, Ground Five, Ground Six, and Ground Seven of the petition. The Court GRANTS Petitioner's motion for summary judgment (Dkt. No. 67 ) as to G round One and Ground Two and DENIES Respondents' motion for summary judgment (Dkt. No. 60 ) as to Ground One and Ground Two of the petition; GRANTS Respondents' motion for summary judgment (Dkt. No. 60 ) as to Ground Three, Ground F our, Ground Five, Ground Six, and Ground Seven of the petition. The Court GRANTS a writ of habeas corpus vacating Petitioner's death sentence pursuant to 28 U.S.C. § 2254 for the reasons set forth above. Petitioner shall be unconditionall y released from the sentence of death entered by the Lexington County Court of General Sessions on July 16, 2000 unless, within 180 days, the State of South Carolina resentences Petitioner. To the extent Respondents seek to appeal this decision to the Fourth Circuit Court of Appeals, the Court will consider, on the motion of Respondents, a stay of this order pending the completion of the appeal. Signed by Honorable Richard M Gergel on 3/16/2016.(ssam, )
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