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TRICE v. WARD

No. 98-6465.

196 F.3d 1151 (1999)

Eddie Leroy TRICE, Petitioner-Appellant, v. Ron WARD, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 15, 1999.

Attorney(s) appearing for the Case

Vicki Ruth Adams Werneke, Assistant Federal Public Defender, Oklahoma City, Oklahoma, for the appellant.

Robert L. Whittaker, Assistant Attorney General of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, Oklahoma, for the appellee.

Before KELLY, BRISCOE, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Petitioner Eddie Leroy Trice, an Oklahoma state prisoner sentenced to death after being convicted of first-degree murder, first-degree rape, first-degree burglary, and assault and battery, appeals the district court's denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

On Friday, February 13, 1987, Trice spent most of the day drinking...

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