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SMALLWOOD v. GIBSON

No. 98-6397.

191 F.3d 1257 (1999)

Dion A. SMALLWOOD, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary; Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 10, 1999.

Attorney(s) appearing for the Case

K. Leslie Delk, Norman, Oklahoma, appearing for Petitioner-Appellant.

Seth S. Branham, Oklahoma Attorney General Office (W.A. Drew Edmondson, Attorney General of Oklahoma, and William L. Humes, Assistant Attorney General, on the brief), Oklahoma City, Oklahoma, appearing for Respondents-Appellees.

Before and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Following a jury trial in the Oklahoma County District Court, petitioner Dion A. Smallwood was convicted of First Degree Murder and Third Degree Arson in May of 1993. Mr. Smallwood received a capital sentence for the murder conviction and fifteen years imprisonment and a $10,000 fine for the arson conviction. The Oklahoma Court of Criminal Appeals ("OCCA") upheld both convictions and sentences. See Smallwood v. State, 907...

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