United States Tenth Circuit

In a murder prosecution, Petitioner's habeas petition is granted, where the state appellate court erred by simply reducing Petitioner's sentence, as that remedy was not tailored to the seriousness of the ineffective assistance rendered by Petitioner's counsel.

Appellate Information

• Decided 07/08/2009
• Published 07/08/2009

Judges

• PER CURIAM., Before KELLY, McCONNELL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Barry A. Schwartz, Kamlet Shepherd & Reichert, LLP, Denver, CO, for Petitioner-Appellant.


• For Appellees:
  
• Diane L. Slayton, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the briefs), for Respondent-Appellee.