Stokes v. Byars

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Sammie Louis Stokes,
Petitioner,
vs.
Bryan P. Stirling, Director, South
Carolina Department of Corrections;
Joseph McFadden, Lieber Correctional
Institution,
Respondents.

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C/A No.: 1:16-845-RBH-SVH
DEATH PENALTY CASE

ORDER

This matter comes before the court on a review of the parties’ pretrial memoranda. After
careful consideration of the memoranda and all arguments presented therein and out of an
abundance of caution to ensure there is no confusion, the undersigned sets forth the following
procedure the court intends to utilize for the evidentiary hearing:
I.

Opening Statements
A.

Petitioner

B.

Respondent

II.

Petitioner’s opportunity to present his case regarding Martinez claims, including direct
and cross examination of all Petitioner’s witness(es).

III.

Motions, if any

IV.

Respondent’s opportunity to present rebuttal witness(es), if any, including direct and
cross examination.

V.

Motions, if any

VI.

Closing Arguments

IT IS SO ORDERED.

November 8, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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