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CARGLE v. MULLIN

Nos. 01-6027, 01-6041.

317 F.3d 1196 (2003)

Marcus L. CARGLE, Petitioner-Appellant-Cross-Appellee, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

January 27, 2003.

Attorney(s) appearing for the Case

Jack Fisher, Edmond, OK, for Petitioner-Appellant.

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

Before SEYMOUR, EBEL, and HENRY, Circuit Judges.

EBEL, Circuit Judge.

Petitioner Marcus Cargle was convicted in Oklahoma of first degree murder and sentenced to death in connection with the shooting of Richard and Sharon Paisley during a drug transaction at their home. Present with petitioner during the fatal incident were Christopher Todd Jackson and Christopher Todd Williams. Apart from the critical question of who shot Sharon, most of the material facts surrounding...

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