United States Tenth Circuit

Defendant's conviction for first degree child abuse murder is affirmed over his challenge that the retroactive application of Fairchild v. State, 998 P.2d 611 (Okla. Crim. App. 1999), which he contends changed the mens rea element of the child abuse murder statute, violates ex post facto principles.

Appellate Information

• Decided 12/06/2004
• Published 12/06/2004

Judges

• EBEL, Circuit Judge., Before EBEL, HOLLOWAY, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steven Michael Presson (Robert W. Jackson with him on the briefs), Jackson & Presson, P.C., Norman, OK, for Petitioner-Appellant.


• For Appellees:
  
• William R. Holmes, Assistant Attorney General of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, OK, for Respondent-Appellee.