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OKEN v. WARDEN, MSP

No. 99-1829.

233 F.3d 86 (2000)

Steven H. OKEN, Petitioner, Appellant, v. WARDEN, MSP; Warden, Maryland Correctional Adjustment Center, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided December 1, 2000.

Attorney(s) appearing for the Case

Robert L. Sheketoff, with whom Sheketoff & Homan were on brief, for appellant.

Joseph A. Wannemacher, Assistant Attorney General, with whom Andrew Ketterer, Attorney General, and Charles K. Leadbetter, Assistant Attorney General of Counsel, were on brief for appellees.

Before BOUDIN, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

This case presents an issue of first impression: whether state post-conviction review proceedings must comply with certain procedures under the Confrontation and Due Process clauses of the United States Constitution. Petitioner Steven Oken was sentenced in Maine to life imprisonment for murdering a Maine woman. He was sentenced to death in Maryland for murdering a woman there (and was also convicted and sentenced to life imprisonment for murdering...

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