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

Sammie Louis Stokes, while serving a prison sentence, contracted to kill Connie Snipes. When released he did just that, brutally raping her with codefendant Norris Martin before shooting her. Several days later, Stokes murdered Doug Ferguson to ensure Ferguson would not implicate him in the Snipes murder, and also to extract revenge for stealing from Stokes. South Carolina instituted capital case proceedings for the Snipes murder. In preparation for the October 1999 trial, defense counsel secured the services of experts, including a social worker, but ultimately did not present the known evidence of a disadvantaged and difficult childhood, fearing the negative impact cross-examination may have on the defense. A jury sentenced Stokes’s to death. After direct appeal, new counsel in collateral proceedings investigated Stokes’ history again and initially raised, but later withdrew, a claim of ineffective assistance regarding the mitigation case. Stokes received no relief in the state courts. In his subsequent 28 U.S.C. § 2254 habeas action, another new team of attorneys asserted the mitigation claim again and that collateral counsel was ineffective in dropping the claim. The district court, over the Warden’s objection, held an evidentiary hearing on the factual basis for cause to excuse the default and the merits of the underlying claim. The district court found insufficient cause to excuse the default and no prejudice. A divided panel of the Fourth Circuit rejected the district court’s findings and found both