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GILBERT v. MULLIN

No. 01-6085.

302 F.3d 1166 (2002)

Lewis Eugene GILBERT, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 3, 2002.

Attorney(s) appearing for the Case

Gloyd L. McCoy, of Coyle, McCoy & Burton, Oklahoma City, Oklahoma, for Petitioner-Appellant.

Nancy Elizabeth Connally, Assistant Attorney General (Jennifer B. Miller, Assistant Attorney General, and W.A. Drew Edmondson, Attorney General of Oklahoma, on the briefs), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before BRISCOE, LUCERO, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Lewis Eugene Gilbert, an Oklahoma state prisoner sentenced to death, appeals the district court's denial of his petition for a writ of habeas corpus. This court has granted Gilbert a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253(c) with respect to three of his claims of legal error: (1) that his right to a fair trial was violated by a coerced verdict at the sentencing stage of the trial; (2) that he was improperly denied...

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