United States Tenth Circuit

Newly discovered evidence that blood on defendant's pants did not belong to victim but belonged to accomplice is not sufficient to warrant habeas relief under 28 USC 2244(b)(2)(B)(ii), where eight other witnesses providing supporting testimony that defendant was involved in the murder.

Appellate Information

• Decided 01/29/2001
• Published 01/29/2001

Judges

• MURPHY, Circuit Judge., Before BRORBY, PORFILIO, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Patrick J. Ehlers, Jr. (Susan M. Otto, Federal Public Defender, with him on the brief) Assistant Federal Public Defender, Oklahoma City, OK, for Petitioner-Appellant.


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