TILLMAN v. COOK

No. 98-4160.

215 F.3d 1116 (2000)

Elroy TILLMAN, Petitioner-Appellant, v. Gerald L. COOK, Warden, Utah State Prison, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 15, 2000.


Attorney(s) appearing for the Case

Michael R. Sikora and Loni F. DeLand, Salt Lake City, Utah, for Petitioner-Appellant.

Marian Decker, Assistant Attorney General (Jan Graham, Utah Attorney General, with her on the brief), Salt Lake City, Utah, for Respondent-Appellee.

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


HENRY, Circuit Judge.

ElRoy Tillman appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254, seeking relief from his state court conviction for first-degree murder in the State of Utah and the resulting death sentence. Claiming his right to Due Process was violated, Mr. Tillman presents six grounds on which habeas relief may be predicated: (1) the reasonable doubt instruction given at his trial lowered the government...

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