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ELLIS v. STATE OF OKLAHOMA

No. 12-70.

430 F.2d 1352 (1970)

James Richard ELLIS, Appellant, v. STATE OF OKLAHOMA and Warden Ray H. Page, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 5, 1970.

Attorney(s) appearing for the Case

Phillip A. Less, Arvada, Colo., for appellant.

H. L. McConnell, Asst. Atty. Gen., Oklahoma City, Okl. (G. T. Blankenship, Atty. Gen. of Okl., Oklahoma City, Okl., on the brief), for appellees.

Before PHILLIPS, HILL and HICKEY, Circuit Judges.

HILL, Circuit Judge.

Appellant is currently serving a life sentence imposed after a jury found him guilty of first degree murder. This appeal is taken from denial of Ellis' petition for a writ of habeas corpus, without a hearing. The substance of the petition, and this appeal, is an alleged denial of Fourteenth Amendment rights springing from a juror's outside communication with a third party during appellant's 1963 trial.

After conviction and sentencing no...

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