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HALE v. GIBSON

No. 99-6083.

227 F.3d 1298 (2000)

Alvie James HALE, also known as Alvin J. Hale, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 25, 2000.

Attorney(s) appearing for the Case

Gloyd L. McCoy, Coyle & McCoy, Oklahoma City, Oklahoma, for Petitioner-Appellant.

Jennifer B. Miller, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), State of Oklahoma, Oklahoma City, Oklahoma, for Respondent-Appellee.

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

EBEL, Circuit Judge.

Petitioner Alvie James Hale was tried and convicted by jury in the District Court of Pottawatomie County, Oklahoma on one count of Murder in the First Degree and one count of Kidnapping for Extortion. The jury recommended death for the crime of Murder in the First Degree and life imprisonment for the crime of Kidnapping for Extortion. After unsuccessful direct and post-conviction appeals in state court...

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