Nos. 97-5154, 97-5159.

158 F.3d 1085 (1998)

Norman Lee NEWSTED, Petitioner-Appellee/Cross-Appellant, v. Gary E. GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

October 15, 1998.

Attorney(s) appearing for the Case

Sandra D. Howard, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on briefs) Oklahoma City, Oklahoma, for Appellant-Cross-Appellee.

Richard L. Gabriel, Holme Roberts & Owen, Denver, Colorado (Jon Bernhardt, Wilson & Mayhan, Denver, Colorado, and Madalene A.B. Witterholt, Crowe & Dunlevy, Tulsa, Oklahoma, with him on the briefs), for Appellee-Cross-Appellant.

Before ANDERSON, TACHA, and BALDOCK, Circuit Judges.


Norman Lee Newsted was convicted in Oklahoma of the first degree murder of taxi driver Lawrence D. Buckley and sentenced to death. After pursuing all available state remedies, Mr. Newsted filed this 28 U.S.C. § 2254 habeas petition, which the district court conditionally granted on two issues, ordering that the writ would issue unless the Oklahoma Court of Criminal Appeals granted Mr. Newsted a new appeal within six months...

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