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STOUFFER v. TRAMMELL

No. 11-6293.

738 F.3d 1205 (2013)

Bigler Jobe STOUFFER, II, Petitioner-Appellant, v. Anita TRAMMELL, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 26, 2013.

Attorney(s) appearing for the Case

O. Dean Sanderford , Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Colorado, Denver, CO ( Virginia L. Grady , Federal Public Defender, Interim, Office of the Federal Public Defender for the District of Colorado, Denver, CO, and Janet D. Roloff , McAlester, OK, with him on the briefs), appearing for Appellant.

Jennifer J. Dickson , Assistant Attorney General of Oklahoma ( E. Scott Pruitt , Attorney General of Oklahoma, with her on the brief), Office of the Attorney General of Oklahoma, Oklahoma City, OK, appearing for Appellee.

Before LUCERO, O'BRIEN, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

An Oklahoma state court jury convicted Bigler Jobe "Bud" Stouffer of first degree murder of one victim and shooting with intent to kill another victim. The jury sentenced him to death for the murder and to life imprisonment for the shooting.1

The Oklahoma Court of Criminal Appeals ("OCCA") affirmed on direct appeal and denied post-conviction relief. Mr. Stouffer sought habeas relief in federal court under...

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