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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) 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 2

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