Johnny Bennett v. Bryan Stirling

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge HARRIS joined.

WILKINSON, Circuit Judge:

Petitioner Johnny Bennett challenges the imposition of a capital sentence in the South Carolina courts. While recognizing full well the deferential standard of review under AEDPA, we nonetheless agree with the district court that the sentencing was suffused with racially coded references to a degree that made a fair proceeding impossible. We therefore affirm the judgment of the district court granting habeas relief.

I

Bennett, a black man, was convicted in 1995…