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PAXTION v. WARD

Nos. 98-6236, 98-6238.

199 F.3d 1197 (1999)

Kenneth Wayne PAXTION, Petitioner-Appelle/Cross-Appellant, v. Ron WARD, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 29, 1999.

Attorney(s) appearing for the Case

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

Robert A. Nance of Riggs, Abney, Neal, Turpen, Orbison & Lewis, Oklahoma City, Oklahoma (Gloyd L. McCoy, of Coyle & McCoy, Oklahoma City, Oklahoma, with him on the brief), for Petitioner-Appellee/Cross-Appellant.

Before SEYMOUR, Chief Judge, TACHA and KELLY, Circuit Judges.

SEYMOUR, Chief Judge.

Petitioner Kenneth Wayne Paxton was convicted of first degree murder by a jury in Oklahoma state court and sentenced to death. After he unsuccessfully brought a direct appeal and petitions for state post-conviction relief, he filed a writ of habeas corpus in federal district court pursuant to 28 U.S.C. § 2254 asserting that numerous constitutional errors occurred during both his trial and his sentencing proceeding. The district court upheld...

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