United States Tenth Circuit

Denial of habeas relief on a murder conviction and death sentence is affirmed over claims of error that: 1) there was insufficient evidence to support his conviction; 2) petitioner's constitutional rights were violated when the trial court failed to instruct the jury on the lesser-included offenses of second degree murder and first degree manslaughter; 3) counsel was ineffective during the guilt stage of the trial in failing to obtain the services of a crime-scene reconstructionist; 4) counsel was ineffective during the sentencing stage of the trial in failing to proffer certain mitigation evidence; and 5) witness testimony identifying petitioner as the assailant was improperly admitted due to law enforcement's use of a flawed identification procedure.

Appellate Information

• Decided 05/15/2007
• Published 05/16/2007

Judges

• LUCERO, Circuit Judge., Before KELLY, LUCERO, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark Barrett, Norman, OK, for Petitioner-Appellant.


• For Appellees:
  
• Preston Saul Draper, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma with him on the briefs), Oklahoma City, OK, for Respondent-Appellee.