HUMPHREYS v. GIBSON

No. 00-7061.

261 F.3d 1016 (2001)

Jackie Eugene HUMPHREYS, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 21, 2001.


Attorney(s) appearing for the Case

Chris Eulberg, Eulberg Law Offices, Oklahoma City, Oklahoma, for Petitioner-Appellant.

Seth S. Branham, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before SEYMOUR, BALDOCK, and MURPHY, Circuit Judges.


BALDOCK, Circuit Judge.

Petitioner-appellant Jackie Eugene Humphreys appeals the denial of habeas relief, see 28 U.S.C. § 2254, from his Oklahoma death sentence. A jury convicted Humphreys of first degree malice aforethought murder, resulting from the 1987 stabbing death of his estranged common law wife. The Oklahoma Court of Criminal Appeals affirmed the conviction, but remanded for a new capital sentencing proceeding because the trial court had failed...

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