United States Tenth Circuit

Denial of habeas relief from a conviction for first-degree murder and death sentence is affirmed over claims of error regarding: 1) whether the use of dual juries constituted structural error; 2) voir dire; 3) admission of evidence; 4) whether the convictions and sentence were the product of an unfair adjudicatory process, infused with prosecutorial misconduct and unfairly prejudicial photographic evidence; 5) jury instructions; 6) sufficiency of the evidence for purposes of an aggravating factor; 7) the constitutionality of, and evidence supporting, an aggravating circumstance; 8) the constitutionality of an "avoiding arrest" aggravator; 9) victim impact evidence; and 10) cumulative error.

Appellate Information

• Decided 02/05/2008
• Published 02/06/2008

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, LUCERO and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James L. Hankins, Oklahoma City, Oklahoma, for Petitioner-Appellant.


• For Appellees:
  
• Jennifer B. Miller, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the brief), for Respondent-Appellee.