ROGERS v. GIBSON

No. 98-6301.

173 F.3d 1278 (1999)

Kelly Lamont ROGERS, Petitioner-Appellant, v. Gary E. GIBSON, Warden; Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

April 12, 1999.


Attorney(s) appearing for the Case

Robert Wade Jackson, Jackson & Presson (Steven M. Presson, Jackson & Presson, with him on the brief) Norman, OK for Petitioner-Appellant.

Robert L. Whittaker, Asst. Atty. Gen. (W.A. Drew Edmondson, Atty. Gen. of OK, with him on the brief), Oklahoma City, OK for Respondents-Appellees.

Before PORFILIO, BALDOCK, and BRISCOE, Circuit Judges.


BALDOCK, Circuit Judge.

On December 17, 1991, an Oklahoma jury convicted Petitioner Kelly Lamont Rogers of first degree murder in the death of Karen Marie Lauffenburger, a student at Oklahoma State University. The same jury also convicted Petitioner of two counts of first degree robbery, one count of first degree rape, and one count of larceny of a motor vehicle. In the penalty phase of the trial, the jury recommended the death penalty for Lauffenburger's murder,...

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