United States Tenth Circuit

Defense counsel's failure to argue reasonable doubt in the guilt phase had a particularly devastating effect and was prejudicial precisely because the state did not present overwhelming evidence, thus, the defendant is entitled to habeas relief.

Appellate Information

• Decided 03/12/2002
• Published 03/12/2002

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR, KELLY and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Patrick J. Ehlers, Jr., Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, OK, for Petitioner-Appellant/Cross-Appellee., Robert Whittaker, Assistant Attorney General;  W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs, Oklahoma City, OK, for Respondent-Appellee/Cross-Appellant.