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Stirling v. Stokes

Petition for certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 4th Circuit for further consideration in light of Shinn v. Martinez Ramirez, on May 31, 2022

Docket No.21-938
Op. Below4th Cir.

Issue

(1) Whether the U.S. Court of Appeals for the 4th Circuit violated basic principles of Strickland v. Washington when it failed to reweigh the whole of the evidence in its prejudice analysis in Sammie Stokes' habeas action to determine if there was a reasonable probability of a different result; (2) whether the 4th Circuit erred in granting relief on a defaulted ineffective-assistance-of-trial-counsel 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 ineffective-assistance-of-trial-counsel claim; and (3) alternatively, whether this case should be held pending the outcome of Shinn v. Ramirez, argued Dec. 8, 2021.

Proceedings & orders timeline

Dec 21, 2021
Petition for a writ of certiorari filed. (Response due January 24, 2022)
Jan 20, 2022
Waiver of Sammie Stokes of right to respond not accepted for filing. (January 28, 2022 - Waiver filed in error. See Rule 15.1)
Jan 31, 2022
Motion to extend the time to file a response from January 24, 2022 to March 10, 2022, submitted to The Clerk.
Feb 1, 2022
Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2022.
Mar 10, 2022
Brief of respondent Sammie Stokes in opposition filed.
Mar 29, 2022
DISTRIBUTED for Conference of 4/14/2022.
Mar 29, 2022
Reply of petitioners Bryan Stirling, et al. filed. (Distributed)
May 23, 2022
DISTRIBUTED for Conference of 5/26/2022.
May 31, 2022
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Shinn v. Martinez Ramirez, 596 U.S. ___ (2022).
Jul 5, 2022
JUDGMENT ISSUED

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