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RUNNELS v. HESS

No. 82-1281.

713 F.2d 596 (1983)

Manuel Lee RUNNELS, Petitioner-Appellee, v. Norman B. HESS, Warden, and Jan Eric Cartwright, Attorney General of Oklahoma, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

July 29, 1983.

Attorney(s) appearing for the Case

Jan Eric Cartwright, Atty. Gen., Oklahoma City, Okl., (John E. Douglas, Robert A. Nance, Asst. Attys. Gen., on briefs), for respondents-appellants.

Gordon W. Edwards, Jr., Oklahoma City, Okl., for petitioner-appellee.

Before BARRETT and LOGAN, Circuit Judges, and KERR, District Judge of the United States District Court for the District of Wyoming, sitting by designation.

ORDER ON REMAND

BARRETT, Circuit Judge.

This case came before this court on appeal from the district court's grant of a writ of habeas corpus to Runnels, an Oklahoma state inmate, in 1981. See Runnels v. Hess, 653 F.2d 1359 (10th Cir.1981). Runnels, who had been convicted for rape and sentenced to 63 years imprisonment, exhausted his state remedies without avail. The federal district court granted the writ, finding...

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