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DUTTON v. BROWN

No. 85-2115.

812 F.2d 593 (1987)

Lonnie Joe DUTTON, Petitioner-Appellant, v. John N. BROWN and the Attorney General of the State of Oklahoma, Respondents-Appellees. Oklahoma Criminal Defense Lawyers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

February 19, 1987.

Attorney(s) appearing for the Case

James W. Berry of James W. "Bill" Berry and Associates, Oklahoma City, Okl. (Julius L. Chambers and John Charles Boger, New York City, with him on the Supplemental Brief of petitioner-appellant on Rehearing En Banc), for petitioner-appellant.

David W. Lee, Asst. Atty. Gen., Chief, Criminal & Federal Divisions, Oklahoma City, Okl. (Michael C. Turpen, Atty. Gen. of Oklahoma and Tomilou Gentry Liddell, Asst. Atty. Gen., Deputy Chief, Crim. Div., Oklahoma City, Okl., with him on brief), for respondents-appellees.

Mary E. Bane, Oklahoma City, Okl., filed an amicus curiae brief for the Oklahoma Criminal Defense Lawyers Ass'n.

Before BARRETT, McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA and BALDOCK, Circuit Judges.

ON REHEARING EN BANC

BALDOCK, Circuit Judge.

Lonnie Joe Dutton (petitioner) filed a petition for a writ of habeas corpus in the United States District Court for the District of Oklahoma after exhausting all his state remedies. He contends that his conviction for first degree murder and death sentence violated various provisions of the federal Constitution. The district court denied his petition, and a panel of this court affirmed that denial.

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