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FRANKS v. ALFORD

No. 85-2088.

820 F.2d 345 (1987)

Alton Carol FRANKS, Petitioner-Appellant, v. Mack ALFORD, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 5, 1987.

Attorney(s) appearing for the Case

William P. Earley, Asst. Federal Public Defender, Oklahoma City, Okl., for petitioner-appellant.

Rozia M. McKinney, Asst. Atty. Gen. (Robert H. Henry, Atty. Gen., with her, on the brief), State of Okl., Oklahoma City, Okl., for respondent-appellee.

Before SEYMOUR, REINHARDT, and TACHA, Circuit Judges.

SEYMOUR, Circuit Judge.

Alton Franks brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982), contending that his constitutional rights under the Sixth and Fourteenth Amendments were denied when the Oklahoma Court of Criminal Appeals modified his conviction from first degree murder to second degree murder instead of overturning his conviction.1 The district court denied relief. Franks appeals and we reverse...

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