United States Tenth Circuit

In a federal habeas petition alleging prosecutorial misconduct in a capital matter, the denial of the petition is reversed, where there was a reasonable probability that the outcome of Petitioner's trial would have been different had the prosecution not suppressed evidence of a deal made with a prosecution witness.

Appellate Information

• Decided 03/26/2009
• Published 03/26/2009

Judges

• PER CURIAM., Before HENRY, Chief Judge, SEYMOUR, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Randy A. Bauman, Assistant Federal Public Defender, Oklahoma City, OK (John M. Stuart of Stuart, Frieda & Hammond, P.C., Duncan, OK, with him on the briefs), for Petitioner-Appellant Douglas., Robert L. Whittaker, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with him on the briefs), State of Oklahoma, Oklahoma City, OK, for the State.


• For Appellees:
  
• Jack Fisher of Edmond, OK, for Petitioner-Appellee/Cross-Appellant Powell.