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RUNNELS v. HESS

Nos. 80-1081 and 80-1083.

653 F.2d 1359 (1981)

Manuel Lee RUNNELS, Petitioner-Appellee, Cross-Appellant, v. Norman HESS, Warden, and The Attorney General of the State of Oklahoma, Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 13, 1981.

Attorney(s) appearing for the Case

Richard W. Yolles, Denver, Colo., for petitioner-appellee, cross-appellant.

William Roy Holton, Jr., Asst. Atty. Gen., Oklahoma City, Okl. (Jan Eric Cartwright, Atty. Gen. of Oklahoma, and C. Elaine Alexander, Asst. Atty. Gen., Oklahoma City, Okl., on the brief), for respondents-appellants, cross-appellees.

Before BARRETT and LOGAN, Circuit Judges, and KERR, District Judge.

BARRETT, Circuit Judge.

Respondent Norman Hess, Warden of the Oklahoma state penitentiary, appeals the grant of a writ of habeas corpus to Manuel Lee Runnels, a State of Oklahoma inmate. Runnels cross-appeals the denial of relief on several other issues presented below.

Runnels was convicted in an Oklahoma state court of first degree rape. See Runnels v. State, 562 P.2d 932 (Okl.Cr.1977), cert. denied, 434 U...

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