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MOORE v. GIBSON

Nos. 98-6004, 98-6010.

195 F.3d 1152 (1999)

Dewey George MOORE, Petitioner-Appellant and Cross-Appellee, v. Gary E. GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

September 28, 1999.

Attorney(s) appearing for the Case

Steven M. Presson (Robert Wade Jackson, with him on the briefs), Jackson & Presson, P.C., Norman, Oklahoma, for Petitioner-Appellant and Cross-Appellee.

Sandra D. Howard (W.A. Drew Edmondson, Oklahoma Attorney General with her on the brief), Assistant Attorney General, Chief, Criminal Appeals, Oklahoma City, Oklahoma, for Respondent-Appellee and Cross-Appellant.

Before BRORBY, KELLY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Petitioner Dewey George Moore appeals the district court's denial of federal habeas relief from his Oklahoma first degree murder conviction and death sentence. See 28 U.S.C. § 2254. Petitioner was convicted of first degree murder and kidnaping for the abduction and murder of twelve-year-old Jenipher Gilbert. Respondent cross appeals, challenging the district court's determination that the Antiterrorism and Effective Death Penalty...

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