JOHNSON v. GIBSON

No. 00-7008.

254 F.3d 1155 (2001)

Mark David JOHNSON, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Ordered Published June 27, 2001.


Attorney(s) appearing for the Case

Stephen J. Greubel, Tulsa, Oklahoma, for Petitioner-Appellant.

William L. Humes, Assistant Attorney General (and W.A. Drew Edmondson, Attorney General, on the brief), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before KELLY, BALDOCK, and HENRY, Circuit Judges.


PAUL J. KELLY, Jr., Circuit Judge.

Petitioner-appellant Mark David Johnson appeals the district court's denial of habeas relief, see 28 U.S.C. § 2254, from his Oklahoma first degree malice murder conviction and death sentence. Johnson was convicted of acting with Ricky Masquat to beat and set afire Billy Webb, resulting in Webb's death. Johnson and Masquat lived and worked at an apartment complex in Norman, Oklahoma. The thirty-three year old victim lived...

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