John Joseph Romano and David Wayne Woodruff, Petitioners-Appellants,
v.
Gary Gibson, Warden of the Oklahoma State Penitentiary, Respondent-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 13, 2001.
February 13, 2001.
Attorney(s) appearing for the Case
Robert A. Nance of Riggs, Abney, Neal, Turpen, Orbison & Lewis, (Gloyd L. McCoy of Coyle & McCoy, with him on the brief), Oklahoma City, Oklahoma, for Petitioner-Appellant John Joseph Romano.
Randy Bauman, Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, Oklahoma, for Petitioner-Appellant David Wayne Woodruff.
William L. Humes, Assistant Attorney General, and Sandra D. Howard, Assistant Attorney General, Chief, Criminal Appeals (W.A. Drew Edmondson, Attorney General of Oklahoma, with them on the briefs), Oklahoma City, Oklahoma, for Respondent-Appellee.
Before SEYMOUR, BALDOCK, and EBEL, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
EBEL, Circuit Judge.
These death penalty appeals1 present a number of issues. The most difficult, which we deal with at some length, include: 1) whether the State violated Brady v. Maryland,373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to disclose a detective's unrecorded recollection of the temperature of the victim's apartment; 2) what degree of mental torture or conscious serious...
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