United States Tenth Circuit

Plaintiff successfully appeals his capital murder sentence on the ground that the trial court violated his Fourteenth Amendment rights when it omitted the word "physical" from the last sentence of a jury instruction on the "heinous, atrocious, or cruel" aggravating circumstance.

Appellate Information

• Decided 12/02/2004
• Published 12/02/2004

Judges

• McCONNELL, Circuit Judge., Before LUCERO, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen J. Greubel, Tulsa, OK, for Petitioner-Appellant.


• For Appellees:
  
• Robert L. Whittaker, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), for Respondent-Appellee.