United States Tenth Circuit

In a rape and murder case in which defendant was sentenced to death, habeas relief is granted where petitioner has satisfied the elements of a Simmons violation.

Appellate Information

• Decided 11/05/2003
• Published 11/05/2003

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David M. Brockman, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, OK, for Respondent-Appellant., John M. Stuart of Stuart, Frieda & Hammond, P.C., Duncan, OK, for Petitioner-Appellee.