United States Tenth Circuit

Though a district attorney's "inappropriate" commentary at trial was intentional and calculated, a habeas petitioner could not show that prosecutorial misconduct so infected the trial as to make the proceeding fundamentally unfair.

Appellate Information

• Decided 09/04/2002
• Published 09/04/2002

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark L. Henricksen (Lanita Henricksen, with him on the briefs), Henricksen & Henricksen, El Reno, Oklahoma, for Petitioner-Appellant.


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