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ROJEM v. GIBSON

Nos. 00-6056, 00-6060.

245 F.3d 1130 (2001)

Richard Norman ROJEM, Petitioner-Appellee/Cross-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

March 30, 2001.

Attorney(s) appearing for the Case

K. Leslie Delk, Norman, Oklahoma, for Petitioner-Appellee/Cross-Appellant.

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

Before TACHA, Chief Judge, BALDOCK, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

Richard Norman Rojem was convicted of the first degree rape, kidnaping and murder of seven-year-old Layla Dawn Cummings, his former step-daughter. He received the death penalty for the murder and one thousand years' imprisonment for both the kidnaping and rape. The Oklahoma Court of Criminal Appeals affirmed on direct appeal, Rojem v. State, 753 P.2d 359 (Okla.Crim.App.), cert. denied, 488 U.S...

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