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McKINNON v. CARR

No. 95-5192.

103 F.3d 934 (1996)

Patrick McKINNON, Plaintiff-Appellant, v. Michael W. CARR, Warden, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 24, 1996.

Attorney(s) appearing for the Case

Mac Oyler, Oklahoma City, OK, for Plaintiff-Appellant.

Alecia A. George, Assistant Attorney General, State of Oklahoma, (W.A. Drew Edmondson, Attorney General of Oklahoma and Steven Lohr, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, with her on the brief), for Defendant-Appellee.

Before ANDERSON, GODBOLD, and MURPHY, Circuit Judges.

PER CURIAM:

Petitioner McKinnon was convicted in Oklahoma for rape and oral sodomy. The Oklahoma Court of Criminal Appeals affirmed on the merits, McKinnon v. State, 752 P.2d 833 (Okla.Crim.App.1988), and in an unpublished opinion affirmed the denial of post-conviction relief.

At trial the victim testified that she accompanied McKinnon to his apartment at night. She stated that she was stripped of her clothing, handcuffed...

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