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VAN WOUDENBERG EX REL. FOOR v. GIBSON

No. 98-7167.

211 F.3d 560 (2000)

Samuel Raymond VAN WOUDENBERG, # 86881, by and through his Special Guardian Charles V. FOOR, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary; Attorney General of the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 2, 2000.

Attorney(s) appearing for the Case

Gary M. Chubbuck (John Dexter Marble with him on the briefs), of Chubbuck Smith & Rhodes, 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), Oklahoma City, Oklahoma, for Respondents-Appellees.

Before SEYMOUR, Chief Judge, ANDERSON, and MURPHY, Circuit Judges.

SEYMOUR, Chief Judge.

Petitioner Samuel Raymond Van Woudenberg was convicted of first degree murder and sentenced to death in Oklahoma. The Oklahoma Court of Criminal Appeals affirmed the conviction and death sentence. See VanWoundenberg [sic] v. State,1 720 P.2d 328 (Okla.Crim.App.), cert. denied, 479 U.S. 956, 107 S.Ct. 447, 93 L...

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