Bennett v. Stirling

Petitioner, convicted of murder, sought habeas relief under 28 U.S.C. 2254, challenging the imposition of a capital sentence in the South Carolina courts. Petitioner raised seven grounds for relief, including prosecutorial misconduct and juror bias. The district court granted relief independently on both grounds, vacated petitioner's death sentence, and remanded for resentencing. According to the district court, the state courts unreasonably determined that the “King Kong” comment, “black Indians” testimony, and “blonde-headed lady” remark were not intentional appeals to racial prejudice. The district court also found unreasonable the PCR court’s determination that a juror was not racially biased at the time of the sentencing. Respondents appealed. The court concluded that the state courts unreasonably determined that the prosecutor’s references to petitioner during closing argument were not appeals to racial prejudice. Drawing on this flawed factual finding, the state courts unreasonably concluded that petitioner's right to due process was not violated. Accordingly, the court affirmed the judgment. View "Bennett v. Stirling" on Justia Law