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BOWEN v. MAYNARD

No. 86-1136.

799 F.2d 593 (1986)

Clifford Henry BOWEN, Petitioner-Appellee, v. Gary D. MAYNARD, Warden, Oklahoma State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

June 25, 1986.

Attorney(s) appearing for the Case

Robert A. Nance, Asst. Atty. Gen., Deputy Chief, Federal Div. (Michael C. Turpen, Atty. Gen. of Oklahoma, and Robert W. Cole, Asst. Atty. Gen., with him on brief), State of Okl., for respondent-appellant.

Jack B. Zimmermann (Jim E. Lavine of Zimmermann & Lavine, P.C., Houston, Tex., and Patrick A. Williams of Williams, Donovan and Savage, Tulsa, Okl., with him on brief), of Zimmermann & Lavine, P.C., Houston, Tex., for petitioner-appellee.

Before HOLLOWAY, Chief Judge, LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Clifford Henry Bowen has been incarcerated in the Oklahoma State Penitentiary under three death sentences for over five years. Convicted of a triple murder, Bowen maintains his innocence and argues that the State of Oklahoma violated his federal constitutional rights when it failed to disclose to the defense certain material concerning an early suspect in the case. Having considered the withheld material, we hold that it casts such grave doubt...

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