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JOHNSTON v. MAKOWSKI

No. 86-1751.

823 F.2d 387 (1987)

Thomas Leroy JOHNSTON, Petitioner-Appellant, v. John MAKOWSKI, Warden of Conners Correctional Center, and Michael C. Turpen, Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 7, 1987.

Attorney(s) appearing for the Case

Harry A. Woods, Jr., and Crowe & Dunlevy, Oklahoma City, Okl., for petitioner-appellant.

John Galowitch, Asst. Atty. Gen., State of Oklahoma (Michael C. Turpen, Atty. Gen., and Daman H. Cantrell, Asst. Atty. Gen., with him on the brief), for respondents-appellees.

Before ANDERSON, TACHA and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

Appellant Thomas Leroy Johnston ("appellant") appeals from a judgment entered April 14, 1986, in the Western District of Oklahoma, David L. Russell, District Judge, which denied appellant's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). Appellant is a prisoner of the State of Oklahoma, having been convicted after a jury trial of rape, oral sodomy, and kidnapping for the purpose of extorting sexual gratification...

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