Wood v. Stirling
Decision Date | 01 October 2018 |
Docket Number | C/A No. 0:12-cv-3532-DCN-PJG |
Court | U.S. District Court — District of South Carolina |
Parties | John R. Wood, Petitioner, v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, Willie D. Davis, Warden, Kirkland Reception and Evaluation Center, Respondents. |
(Death Penalty Case)
Petitioner John R. Wood, a death-sentenced state prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter comes before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.) for a Report and Recommendation on Respondents' Motion for Summary Judgment and Return and Memorandum in Support thereof (collectively, the "Return"). (ECF Nos. 136 & 137.) Wood has filed a Traverse and Memorandum of Law in Opposition to Summary Judgment ("Traverse"). (ECF No. 150.) And, Respondents have filed a Reply to Petitioner's Traverse and Memorandum of Law in Opposition to Summary Judgment ("Reply"). (ECF No. 154.) Accordingly, Respondents' motion has been fully briefed and is ready for resolution. In addition, Wood has moved for an evidentiary hearing and to expand the record (ECF No. 151), and the parties have briefed that motion (ECF Nos. 153, 160). Having carefully considered the parties' submissions and the record in this case, the court concludes that Respondents' motion for summary judgment should be granted. Additionally, the court grants in part and denies in part Wood's motion regarding further factual development (ECF No. 151).
The following facts are recited verbatim from the South Carolina Supreme Court's opinion in Wood's direct appeal:
Wood was indicted in May 2001 in Greenville County for Trooper Nicholson's murder and possession of a weapon during the commission of a violent crime (Greenville County Case No. 01-GS-23-3106).2 (App. at 3727, ECF No. 45-3 at 74.) At trial, Wood was represented by attorneys John I. Mauldin, James Bannister, and Rodney Richey. On February 11, 2002, a jury found Wood guilty of both charges. (App. at 1780, ECF No. 42-7 at 20.) Following a sentencing proceeding, the jury recommended a sentence of death on the murder charge, finding the aggravating factor of murdering a state law enforcement officer during the performance of his official duties. (App. at 2254-2256, ECF No. 43-3 at 25-27.) On February 16, 2002, the circuit court sentenced Wood to death. (App. at 2259, ECF No. 43-3 at 30.)
On appeal, Wood, through counsel, Robert M. Dudek, raised four issues, including:
Whether the judge erred by ruling South Carolina's death penalty statute was constitutional where it mandated that appellant, seeking the mitigating evidence attendant to pleading guilty, and accepting responsibility, must waive jury sentencing, since this procedure denied appellant his right to present mitigating evidence to a sentencing jury?
(ECF No. 39-11 at 7.) On December 6, 2004, after full briefing and oral argument, the South Carolina Supreme Court affirmed Wood's convictions and sentence. See State v. Wood, 607 S.E.2d 57 (S.C. 2004); (App. at 2575, ECF No. 43-5 at 98). Wood petitioned for rehearing, which the court denied on January 20, 2005. (App. at 2585, ECF No. 43-5 at 108.)3
Wood filed a pro se application for post-conviction relief ("PCR") on July 28, 2005. See Wood v. State of South Carolina, 05-CP-23-04737; (ECF No. 43-5 at 112). Subsequently, the PCR court appointed attorneys James A. Brown, Jr., and Symmes Culbertson to represent Wood in his PCR proceeding. (ECF No. 39-2.) Mr. Culbertson was later replaced by Bill Godfrey, Esquire. (See ECF No. 40-3.)
On February 9, 2007, through Mr. Brown and Mr. Culbertson, Wood filed a second amended PCR application, raising the following claims:
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