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BLAND v. SIRMONS

No. 05-6013.

459 F.3d 999 (2006)

Jimmy Dale BLAND, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 3, 2006.

Attorney(s) appearing for the Case

David Autry, Oklahoma City, OK, for Petitioner-Appellant.

Seth S. Branham, Assistant Attorney General of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs), Oklahoma City, OK, for Respondent-Appellee.

Before KELLY, BRISCOE, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Jimmy Dale Bland, an inmate on death row in the Oklahoma State Penitentiary, appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Mr. Bland was convicted of one count of first-degree malice-aforethought murder. The jury found the existence of two aggravating factors and recommended that he be sentenced to death. The trial court adopted the jury's recommendation, and the Oklahoma...

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