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STAFFORD v. SAFFLE

No. 93-6214.

34 F.3d 1557 (1994)

Roger Dale STAFFORD, Petitioner-Appellant, v. James SAFFLE, Warden, Oklahoma State, Penitentiary at McAlester, Oklahoma; Susan B. Loving, Attorney General of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 12, 1994.

Attorney(s) appearing for the Case

Stephen Jones, Jones & Wyatt, Enid, OK, (James L. Hankins, of Jones & Wyatt, with him on the brief), for petitioner/appellant.

Sandra D. Howard, Asst. Atty. Gen., Oklahoma City, OK (Susan Brimer Loving, Atty. Gen., and William L. Humes, Asst. Atty. Gen., with her on the brief), for respondents/appellees.

Before MOORE, LOGAN, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

A jury convicted Appellant-Roger Dale Stafford, Sr., ("Stafford") of three counts of first degree murder and sentenced him to death. Stafford filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied the writ, but issued a certificate of probable cause.

Stafford filed a timely appeal of the court's decision: (1) denying his request to amend his habeas petition to include claims as to the sufficiency...

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