United States Tenth Circuit

In a capital habeas matter, the denial of Petitioner's petition is affirmed, where 1) an allegedly improper juror communication did not prejudice Petitioner, because the defense made no appeal to residual doubt in the penalty phase; and 2) the prosecutor did not reference any extra-record evidence in his argument.

Appellate Information

• Decided 07/07/2009
• Published 07/07/2009

Judges

• Before BRISCOE, GORSUCH and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Timothy R. Payne, Assistant Federal Public Defender, Oklahoma City, OK, (James A. Drummond, Assistant Federal Public Defender, and Robert S. Jackson, Legal Research and Writing Specialist, with him on the briefs), for Petitioner-Appellant.


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