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ANDERSON v. SIRMONS

No. 04-6397.

476 F.3d 1131 (2007)

Glenn Douglas ANDERSON, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

February 21, 2007.

Attorney(s) appearing for the Case

Lisa S. McCalmont (Randy Bauman with her on the briefs), Assistant Federal Public Defenders, Oklahoma City, OK, for Appellant.

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

Before LUCERO, EBEL, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Following trial in Oklahoma state court, a jury convicted Glenn Douglas Anderson of, inter alia, three counts of first degree murder. Anderson v. State, 992 P.2d 409, 412-13 (Okla.Crim.App.1999). The jury sentenced Anderson to death on each of the three murder convictions. Id. at 413. The Oklahoma Court of Criminal Appeals ("OCCA") affirmed on direct appeal Anderson...

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