United States Tenth Circuit

Petitioner's constitutional rights were not violated by the trial court's failure to give a first degree manslaughter instruction, as the record is devoid of evidence of adequate provocation. Supplemental instruction did not coerce a death sentence.

Appellate Information

• Decided 04/11/2003
• Published 04/11/2003

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert L. Whittaker, Assistant Attorney General, Criminal Division, Oklahoma City, Oklahoma, (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs), for Respondent-Appellant., K. Leslie Delk, Tucson, Arizona, for Petitioner-Appellee.