SELSOR v. WORKMAN

No. 09-5180.

644 F.3d 984 (2011)

Michael Bascum SELSOR, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary; Drew Edmondson, Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 2, 2011.


Attorney(s) appearing for the Case

Madeline S. Cohen , Assistant Federal Public Defender, Denver, CO, ( Raymond P. Moore , Federal Public Defender, Denver, CO; Dean Sanderford , Research & Writing Attorney, Appellate Division, Denver, CO; Gary Peterson , Oklahoma City, OK, with her on the briefs), for Petitioner-Appellant.

Robert L. Whittaker , Assistant Attorney General, Criminal Division ( W.A. Drew Edmondson , Attorney General of Oklahoma, with him on the brief), Oklahoma City, OK, for Respondents-Appellees.

Before BRISCOE, Chief Judge, TYMKOVICH and GORSUCH, Circuit Judges.


BRISCOE, Chief Judge.

Petitioner Michael Selsor, an Oklahoma state prisoner convicted of first degree murder and sentenced to death, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. Selsor asserts seven issues on appeal: (1) whether a state appellate ruling allowing the prosecution at his retrial proceedings to seek the death penalty against him violated his due process rights; (2) whether the imposition of the death penalty at his...

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