Bowers v. McFadden

ORDER

Richard Mark Gergel, United States District Judge

This matter comes before the Court on cross motions of the Petitioner and the Respondent for summary judgment regarding Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Dkt. Nos. 47, 48). Petitioner, a state prisoner, is serving a sentence of life without parole (hereafter “LWOP”) under South Carolina’s “two strike” statute, S.C. Code § 17-25-45. Petitioner asserts that his sentence of LWOP was a product of legal error because one of the two convictions upon which the sentence was imposed, a 1976 conviction…