United States Tenth Circuit

In a capital habeas matter, the denial of the petition is reversed where 1) Second-degree murder was a lesser-included offense at the time of petitioner's trial and at the time the Oklahoma Court of Criminal Appeals denied petitioner-s petition for rehearing, and thus petitioner was entitled to an instruction on that charge; and 2) a jury could rationally conclude that the victim's death was perpetrated by an act imminently dangerous to the victim and evincing a depraved mind, but without a premeditated design to effect death.

Appellate Information

• Decided 05/12/2010
• Published 05/12/2010

Judges

Court

• United States Tenth Circuit

Counsel