MITCHELL v. GIBSON

No. 99-6364.

262 F.3d 1036 (2001)

Alfred Brian MITCHELL, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 13, 2001.


Attorney(s) appearing for the Case

Randy A. Bauman, Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, Oklahoma, for Petitioner/Appellant.

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

Before SEYMOUR, LUCERO and MURPHY, Circuit Judges.


SEYMOUR, Circuit Judge.

Alfred Brian Mitchell, a state prisoner sentenced to death, appeals the disposition of his petition for habeas corpus relief under 28 U.S.C. § 2254. For the reasons set out below, we affirm the district court's ruling that Mr. Mitchell's conviction was not constitutionally infirm, but we reverse the district court's decision upholding the imposition of the death penalty and grant Mr. Mitchell's petition for habeas relief on his claim that...

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