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HOOKS v. WARD

No. 98-6196.

184 F.3d 1206 (1999)

Victor Wayne HOOKS, Petitioner-Appellant, v. Ron WARD, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 16, 1999.

Attorney(s) appearing for the Case

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

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

Before ANDERSON, TACHA and EBEL, Circuit Judges.

EBEL, delivered the opinion of the court except as to part III.C.

EBEL, Circuit Judge

In May 1989, an Oklahoma jury convicted Victor Wayne Hooks of first degree murder and first degree manslaughter for beating to death, respectively, his common-law wife and the 24-week-old fetus she was carrying. After a one-day sentencing hearing, Hooks was sentenced to death on the murder conviction and to 500 years' imprisonment on the manslaughter conviction. On December...

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