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BANKS v. WORKMAN

No. 10-5125.

692 F.3d 1133 (2012)

Anthony Rozelle BANKS, Petitioner-Appellant, v. Randall WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 5, 2012.

Attorney(s) appearing for the Case

Thomas D. Hird , Assistant Federal Public Defender, Oklahoma City, OK, (Randy A. Bauman, Assistant Federal Public Defender, with him on the briefs) for Petitioner-Appellant Anthony Banks.

Jennifer B. Miller , Assistant Attorney General for the State of Oklahoma, Oklahoma City, OK, ( E. Scott Pruitt , Attorney General for the State of Oklahoma, with her on the briefs) for Respondent-Appellee Randall Workman.

Before MURPHY, O'BRIEN, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

After Sun Travis was abducted, raped, and shot dead, an Oklahoma jury found Anthony Banks, by that time already in prison for another killing, guilty of murdering Mrs. Travis and sentenced him to death. After an unsuccessful direct appeal and two rounds of collateral review in state court, Mr. Banks filed a federal habeas petition. The district court denied his petition but granted him a certificate of appealability to pursue several arguments...

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