Gardner v. Ozmint

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Joseph Gardner, convicted of murder and kidnapping and sentenced to death by a South Carolina court, appeals the district court’s denial of his petition for federal habeas relief. We granted a certificate of appealability on four issues: (1) did Gardner suffer a violation of his right to a fair trial before an impartial jury; and was Gardner denied effective assistance of counsel by the failure of his trial attorneys to (2) exercise a…