Short v. Sirmons, 04-6299
Denial of a habeas corpus petition in a death penalty case is affirmed over claims of error regarding: 1) exclusion of testimony of a defense witness, which the trial court imposed as a sanction for failure to comply with a discovery order; 2) improper victim impact evidence that resulted in an unconstitutional sentencing process; 3) prosecutorial misconduct; 4) ineffective assistance of counsel in failing to object to the unconstitutional portions of the victim impact evidence and to the prosecutorial misconduct; and 5) cumulative error.
- Decided 12/26/2006
- Published 12/27/2006
HENRY, Circuit Judge., Before TACHA, HENRY, and McCONNELL, Circuit Judges.
United States Tenth Circuit
John Dexter Marble (Gary M. Chubbuck and Susan F. Kane with him on the briefs), Chubbuck Smith Rhodes Stewart & Elder, Oklahoma City, OK, for Petitioner-Appellant.
Robert L. Whittaker, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), for Respondent-Appellee.