United States Fourth Circuit

Issuance of writ of habeas corpus to death row inmate convicted of murdering his wife and son, based on ineffective assistance of counsel for failing to request an instruction that the term "life imprisonment" is to be understood in its "ordinary and plain meaning," is reversed where: 1) the Supreme Court of South Carolina did not unreasonably apply Strickland v. Washington, 466 U.S. 668 (1984), when it determined that petitioner's defense was not prejudiced by the lack of a plain meaning instruction; 2) the state supreme court did not unreasonably apply the standards enunciated in Jackson v. Virginia, 443 U.S. 307 (1979), when it determined that the evidence was sufficient to establish that petitioner committed the murders; and 3) venue was proper in Edgefield County, South Carolina.

Appellate Information

• Argued 05/22/2007
• Decided 07/27/2007
• Published 07/27/2007

Judges

• Before NIEMEYER and MICHAEL, Circuit Judges, and WILKINS, Senior Circuit Juge.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Donald John Zelenka, Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Jon Ozmint, Commissioner, South Carolina Department of Corrections.  David Isaac Bruck, Washington & Lee University, School of Law, Lexington, Virginia, for Luke A. Williams, III. ON BRIEF:  Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Derrick K. McFarland, Assistant Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Jon Ozmint, Commissioner, South Carolina Department of Corrections.  Keir M. Weyble, Columbia, South Carolina, for Luke A. Williams, III.