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HOGAN v. GIBSON

No. 98-6299.

197 F.3d 1297 (1999)

Kenneth HOGAN, Petitioner — Appellant, v. Gary E. GIBSON; The Attorney General of the State of Oklahoma, Respondents — Appellees.

United States Court of Appeals, Tenth Circuit.

December 8, 1999.

Attorney(s) appearing for the Case

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

Jennifer B. Miller, Assistant Attorney General (W.A. Drew Edmonson, Attorney General of Oklahoma with her on the brief), Oklahoma City, Oklahoma, for Respondent — Appellee.

Before SEYMOUR, BRISCOE and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Kenneth Hogan appeals the denial of his petition for a writ of habeas corpus, alleging seven grounds for relief arising out of his first-degree murder conviction and death sentence in the District Court of Oklahoma County, affirmed by the Oklahoma Court of Criminal Appeals. The United States District Court for the Western District of Oklahoma granted a certificate of appealability, pursuant to 28 U.S.C. § 2253(c) and Fed. R.App. P. 22(b...

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