United States Tenth Circuit

In a capital habeas matter, the denial of petitioner's habeas petition is affirmed where: 1) even assuming an allegedly hearsay statement was testimonial, numerous third-party eyewitnesses testified that defendant repeatedly stabbed and beat the victim; 2) the overwhelming evidence presented in the guilt phase negated any reasonable belief the prosecutor's minimal questioning and closing comments had a substantial and injurious effect on the jury's guilty verdict; 3) the jury was instructed on the non-capital crime of first-degree manslaughter, and was not faced with an all-or-nothing choice; and 4) while portions of the victim impact statements went outside constitutional bounds, this evidence did not so clearly sway the jury as to cause petitioner actual prejudice.

Appellate Information

• Decided 06/07/2010
• Published 06/07/2010

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James L. Hankins of Ogle & Welch, P.C. (Robert L. Wyatt, IV, of Wyatt Law Office with him on the briefs), Oklahoma City, OK, for Petitioner-Appellant.


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