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CASTLEBERRY v. ALFORD

No. 80-1972.

666 F.2d 1338 (1981)

Kenneth Ray CASTLEBERRY, Petitioner-Appellee, v. Warden Mack H. ALFORD and the Attorney General of the State of Oklahoma, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 1, 1982.

Attorney(s) appearing for the Case

Paul D. Brunton, Tulsa, Okl., for petitioner-appellee.

Charles S. Rogers, Asst. Atty. Gen., Deputy Chief, Crim. Div., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. of Oklahoma, and Janet L. Cox, Asst. Atty. Gen., Oklahoma City, Okl., with him on the brief), for respondents-appellants.

Before McWILLIAMS and DOYLE, Circuit Judges, and TEMPLAR, District Judge.

McWILLIAMS, Circuit Judge.

Kenneth Ray Castleberry, an Oklahoma state prisoner serving three concurrent life sentences for a triple murder, filed a petition for a writ of habeas corpus in the United States District Court for the Northern District of Oklahoma pursuant to 28 U.S.C. § 2254 (1976). Based upon the record as theretofore made in the several proceedings in the Oklahoma state courts, the district court concluded that Castleberry's "confession" had been...

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