United States Tenth Circuit

In a murder prosecution, the dismissal of Petitioner's habeas petition as a sanction is reversed where, because the District Court entered an order requiring Petitioner to file an amended petition the day after Respondent was served with the original petition, there was no chance Respondent was prejudiced by exerting effort to reply to the initial petition.

Appellate Information

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

Judges

• SEYMOUR, Circuit Judge., Before TACHA, HOLLOWAY, and SEYMOUR, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steven M. Presson of Presson Law Office, Norman, OK, for Petitioner-Appellant.


• For Appellees:
  
• W.A. Drew Edmondson, Attorney General, and Keeley L. Harris, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.