Gardner v. Ozmint, 06-28
Denial of death row inmate's habeas petition is affirmed over claims that petitioner: 1) suffered a violation of his right to a fair trial before an impartial jury; and 2) was denied effective assistance of counsel by the failure of his trial attorneys to exercise a peremptory challenge to remove a juror, present his mitigation evidence in a more accurate and compelling manner during sentencing, and object to, rather than facilitate, the admission of highly inflammatory testimony that racial animus motivated his crimes.
- Decided 12/19/2007
- Published 12/19/2007
Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.
United States Fourth Circuit
ARGUED: Keir Michael Weyble, Blume, Weyble & Norris, L.L.C., Columbia, South Carolina, for Appellant. William Edgar Salter, III, Senior Assistant Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellee. ON BRIEF: John H. Blume, Cornell Law School, Ithaca, New York, for Appellant. Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellee.