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SMITH v. MULLIN

No. 02-6055.

379 F.3d 919 (2004)

Roderick L. SMITH, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 29, 2004.

Attorney(s) appearing for the Case

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

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

Before SEYMOUR, HENRY, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

Roderick Lynn Smith, an Oklahoma state prisoner, was sentenced to death for the 1993 murders of his wife and stepchildren. Challenging his convictions and death sentence, Mr. Smith petitioned for a writ of habeas corpus in federal district court pursuant to 28 U.S.C. § 2254.1 The district court denied relief in an unpublished opinion, but granted a Certificate of Appealability (COA), see 28 U.S.C. &...

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