United States Tenth Circuit

Defendant-warden's successful appeal reverses the grant of habeas relief to plaintiff where the district court improperly determined that prosecutorial remarks before the sentencing jury, which referenced plaintiff's prior convictions, impermissibly infringed upon his right to be free from double jeopardy.

Appellate Information

• Decided 08/03/2004
• Published 08/03/2004

Judges

• LUCERO, Circuit Judge., Before SEYMOUR, and LUCERO, Circuit Judges, and CASSELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• William R. Holmes, Assistant Attorney General of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs), Oklahoma City, OK, for the Respondent-Appellant., Susan M. Otto, Federal Public Defender, Oklahoma City, OK, for the Petitioner-Appellee.