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FOSTER v. WARD

No. 97-7086.

182 F.3d 1177 (1999)

Charles Adrian FOSTER, Petitioner-Appellant, v. Ronald WARD, Warden, Oklahoma State Penitentiary, Respondent-Appellee, and W.A. Drew Edmondson, Attorney General, State of Oklahoma, Respondent.

United States Court of Appeals, Tenth Circuit.

July 7, 1999.

Attorney(s) appearing for the Case

Janet G. Chesley (Vicki Ruth Adams Werneke, Assistant Federal Public Defender, with her on the briefs), Assistant Federal Public Defender, Oklahoma City, Oklahoma, for Petitioner-Appellant.

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

Before SEYMOUR, BALDOCK and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Petitioner Charles Foster appeals the denial of his petition for a writ of habeas corpus seeking to overturn his capital murder conviction and death sentence. We affirm.

BACKGROUND

Mr. Charles Foster was tried in Oklahoma state court on an information alleging first degree murder as well as burglary and larceny. After a two-day trial, a jury convicted Mr. Foster for the murder of Claude Wiley, a seventy-four-year-old grocery...

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