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JOHNSON v. COWLEY

No. 91-6401.

40 F.3d 341 (1994)

Gary E. JOHNSON, Petitioner-Appellant, v. Jack COWLEY, Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 16, 1994.

Attorney(s) appearing for the Case

Michael G. Katz, Federal Public Defender, James P. Moran, Asst. Federal Public Defender, Denver, CO, for petitioner-appellant.

Susan Brimer Loving, Atty. Gen. of Okla., William L. Humes, Steven Spears Kerr, Asst. Attys. Gen., Oklahoma City, OK, for respondents-appellees.

Gary Eugene Johnson, pro se.

Before MOORE and BARRETT, Circuit Judges, and ROGERS, District Judge.

JOHN P. MOORE, Circuit Judge.

Gary E. Johnson (petitioner) appeals from the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.

Petitioner was charged in Oklahoma state court with second degree burglary after former conviction of a felony. Petitioner had pled not guilty...

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