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THOMAS v. GIBSON

No. 99-5030.

218 F.3d 1213 (2000)

Darrell Lynn THOMAS, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 18, 2000.

Attorney(s) appearing for the Case

Vicki Ruth Adams Werneke, Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, Oklahoma, for Appellant.

Robert L. Whittaker, Assistant Attorney General, Criminal Division, Oklahoma City, Oklahoma, (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), for Appellee.

Before TACHA, BRORBY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

An Oklahoma state jury found Darrell Thomas guilty of first degree murder and robbery by force. The jury sentenced Thomas to death for the murder and to a term of ten years in prison for the robbery. Thomas unsuccessfully challenged his convictions and death sentence on direct appeal and state collateral review. See Thomas v. State, 811 P.2d 1337 (Okla. Crim.App.1991) ("Thomas...

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