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LILES v. SAFFLE

No. 90-6380.

945 F.2d 333 (1991)

Mark Roy LILES, Petitioner-Appellee, v. James L. SAFFLE, Warden, State Penitentiary at McAlester, Respondent-Appellant, and Gary Maynard, Director, Oklahoma Department of Corrections; Robert H. Henry, Attorney General of Oklahoma, Respondents.

United States Court of Appeals, Tenth Circuit.

September 16, 1991.

Attorney(s) appearing for the Case

William J. Mertens of Swidler & Berlin, Chartered, Washington, D.C., and Patti Palmer, Okl. Appellate Public Defender System, Norman, Okl., for petitioner-appellee.

Robert H. Henry, Atty. Gen. of State of Okl. and A. Diane Hammons, Asst. Atty. Gen., Oklahoma City, Okl., for respondent-appellant.

Before SEYMOUR and EBEL, Circuit Judges, and BABCOCK, District Judge.

SEYMOUR, Circuit Judge.

Respondent James L. Saffle appeals from the district court's order granting habeas relief to petitioner Mark Roy Liles, under 28 U.S.C. § 2254, from his conviction for first degree murder and sentence of death.1 In vacating the conviction, the district court determined that, under Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), the state trial court...

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