McDONALD v. CHAMPION

No. 90-5099.

962 F.2d 1455 (1992)

Alan James McDONALD, Plaintiff-Appellant, v. Ron CHAMPION, Warden; Attorney General of the State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 28, 1992.


Attorney(s) appearing for the Case

Murray Weiner of Sherman & Howard, Colorado Springs, Colo., for plaintiff-appellant.

Diane L. Slayton, Asst. Atty. Gen. (Robert H. Henry, Atty. Gen., with her on the briefs), Oklahoma City, Okl., for defendants-appellees.

Before ANDERSON and SETH, Circuit Judges, and SAFFELS, Senior District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

In this case, we are asked to decide whether an Oklahoma state court decision that interpreted Oklahoma's first-degree felony murder statute to include the underlying crime of attempted robbery with a dangerous weapon unforeseeably enhanced the punishment of an offense in violation of defendant's Fourteenth Amendment due process rights. We are also asked to determine whether the trial court violated defendant's due process rights...

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