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McGREGOR v. GIBSON

No. 99-7038.

248 F.3d 946 (2001)

Billy Keith McGREGOR, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 11, 2001.

Attorney(s) appearing for the Case

Vicki Ruth Adams Werneke, Assistant Federal Public Defender, Oklahoma City, OK, for the Petitioner-Appellant.

William L. Humes, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

Before TACHA, Chief Judge, SEYMOUR, BALDOCK, BRORBY, EBEL, KELLY, BRISCOE, LUCERO and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Billy Keith McGregor was convicted under Oklahoma law of first-degree murder and sentenced to death. A panel of this Court affirmed the district court's denial of habeas relief to McGregor. We subsequently granted rehearing en banc to review our standard for assessing procedural competency claims. This standard is of particular importance in the aftermath of the Supreme Court's unanimous decision in Cooper v. Oklahoma,

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