United States Tenth Circuit

Denial of a habeas corpus petition in a death penalty case is affirmed over claims of error regarding: 1) exclusion of testimony of a defense witness, which the trial court imposed as a sanction for failure to comply with a discovery order; 2) improper victim impact evidence that resulted in an unconstitutional sentencing process; 3) prosecutorial misconduct; 4) ineffective assistance of counsel in failing to object to the unconstitutional portions of the victim impact evidence and to the prosecutorial misconduct; and 5) cumulative error.

Appellate Information

• Decided 12/26/2006
• Published 12/27/2006

Judges

• HENRY, Circuit Judge., Before TACHA, HENRY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John Dexter Marble (Gary M. Chubbuck and Susan F. Kane with him on the briefs), Chubbuck Smith Rhodes Stewart & Elder, Oklahoma City, OK, for Petitioner-Appellant.


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