United States Tenth Circuit

Under Oklahoma law, evidence that the defendant shot three other bar patrons in the head before he shot the fourth victim and that the victim lived for brief period of time after the head shot is sufficient to support a finding of a heinous, atrocious or cruel aggravator.

Appellate Information

• Decided 10/10/2001
• Published 10/10/2001

Judges

• BRISCOE, Circuit Judge, Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and BRISCOE, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David B. Autry, Norman, Oklahoma (Jon E. Brightmire, of Doerner, Saunders, Daniel & Anderson, Tulsa, OK, with him on the brief), for the appellant.


• For Appellees:
  
• Jennifer B. Miller, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with her on the brief), Oklahoma City, OK, for the appellee.