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VALDEZ v. WARD

No. 99-6147.

219 F.3d 1222 (2000)

Gerardo VALDEZ, Petitioner-Appellant, v. Ron WARD, Warden, Oklahoma State Penitentiary; Attorney General of the State of Oklahoma, Respondents-Appellees,

United States Court of Appeals, Tenth Circuit.

July 27, 2000.

Attorney(s) appearing for the Case

Robert A. Nance of Riggs, Abney, Neal, Turpen, Orbison & Lewis, Oklahoma City, Oklahoma, for Petitioner-Appellant

Robert L. Whittaker, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), State of Oklahoma, Oklahoma City, Oklahoma, for Respondents-Appellees.

Before SEYMOUR, Chief Judge, PORFILIO and EBEL, Circuit Judges.

SEYMOUR, Chief Judge.

Petitioner Geraldo Valdez was convicted of first degree murder and sentenced to death. After he unsuccessfully filed a direct appeal and a petition for state postconviction relief with the Oklahoma Court of Criminal Appeals (OCCA), he sought a writ of habeas corpus in federal district court under 28 U.S.C. § 2254. The district court denied the writ. Mr. Valdez appeals, and we affirm.

BACKGROUND

Mr. Valdez is a Mexican immigrant...

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