SMITH v. FRANKLIN

No. 11-6266.

DONALD WAYNE SMITH, Petitioner-Appellant, v. ERIK FRANKLIN, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 7, 2012.


ORDER DENYING CERTIFICATE OF APPEALABILITY*

NEIL M. GORSUCH, Circuit Judge.

After Donald Smith was convicted in Oklahoma of first degree murder, he filed an unsuccessful application with the Oklahoma Pardon and Parole Board seeking a commutation of his sentence. And this, in turn and eventually, led him to file a petition in federal court under 28 U.S.C. § 2241. In his federal habeas petition, Mr. Smith alleged that...

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