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WILSON v. WORKMAN

Nos. 06-5179, 07-7034, 07-7056.

577 F.3d 1284 (2009)

Michael Lee WILSON, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee. Donald Wackerly II, Petitioner-Appellant, v. Randall G. Workman, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 27, 2009.

Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender, Denver, CO (Raymond P. Moore, Federal Public Defender, and Lanita B. Henricksen, Henricksen & Henricksen, Oklahoma City, OK, with him on the briefs), for Petitioners Mr. Wilson and Mr. Wackerly.

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

Before HENRY, Chief Judge, TACHA, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

McCONNELL, Circuit Judge, joined by HENRY, Chief Judge, and KELLY, LUCERO, MURPHY, HARTZ, and HOLMES, Circuit Judges.

This court granted rehearing en banc to determine whether to accord deference to decisions of the Oklahoma state courts on claims of ineffective assistance of counsel under 28 U.S.C. § 2254 where those claims are based on evidence that was not part of the original trial court record and where the state court declined to supplement the record with...

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