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FOX v. WARD

Nos. 98-6343, 98-6359.

200 F.3d 1286 (2000)

Billy Ray FOX, Petitioner—Appellant, v. Ron WARD, Warden, Oklahoma State Penitentiary, Respondent—Appellee.

United States Court of Appeals, Tenth Circuit.

January 6, 2000.

Attorney(s) appearing for the Case

Don J. Gutteridge, Jr., Oklahoma City, Oklahoma, for Petitioner—Appellant.

Sandra D. Howard, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, on the brief) Attorney General, Oklahoma City, Oklahoma, for Respondent-Appellee.

Before BRORBY, EBEL, and KELLY, Circuit Judges.

KELLY, Circuit Judge.

Background

In the early morning hours of July 3, 1985, three employees of the Wynn's IGA in Edmond, Oklahoma, were murdered during a robbery planned and executed by Petitioner-Appellant, Billy Ray Fox ("Mr. Fox") and co-defendant Mark Andrew Fowler ("Mr.Fowler"). They were arrested on July 4, 1985. Both admitted to involvement in the robbery, but each accused the other of committing the murders. Following a jointly held jury...

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