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PARKS v. BROWN

No. 86-1400.

860 F.2d 1545 (1988)

Robyn Leroy PARKS, Petitioner-Appellant, v. John N. BROWN, Warden, Oklahoma State Penitentiary, McAlester, Oklahoma; Larry Meachum, Superintendent, Oklahoma Department of Corrections; and Michael C. Turpen, Attorney General of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

On Rehearing October 28, 1988.

Attorney(s) appearing for the Case

Vivian Berger, New York City (Lewis Barber, Jr., Oklahoma City, Okl., with her on the brief), for petitioner-appellant.

Robert A. Nance, Asst. Atty. Gen., Deputy Chief, Federal Div. (Robert H. Henry, Atty. Gen. of Oklahoma, with him on the brief), Oklahoma City, Okl., for respondents-appellees.

Before HOLLOWAY, MCKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY and EBEL, Circuit Judges.

On Rehearing En Banc October 28, 1988.

EBEL, Circuit Judge, delivers the opinion and judgment for the Court, in which LOGAN, JOHN P. MOORE, STEPHEN H. ANDERSON, TACHA, BALDOCK, and BRORBY, Circuit Judges, join as to Part I, and HOLLOWAY, Chief Judge, and McKAY, LOGAN, SEYMOUR, and MOORE, Circuit Judges, join as to Part II.

In 1978, an Oklahoma jury convicted petitioner-appellant, Robyn Leroy Parks, of first-degree murder and, after further hearing, sentenced...

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