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HOOPER v. MULLIN

Nos. 01-6238, 01-6242.

314 F.3d 1162 (2002)

Michael Edward HOOPER, Petitioner-Appellant-Cross-Appellee, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

December 19, 2002.

Attorney(s) appearing for the Case

Mark L. Henricksen (Lanita Henricksen with him on the brief), of Henricksen & Henricksen Lawyers, Inc., El Reno, OK, for Petitioner-Appellant-Cross-Appellee.

Robert L. Whittaker, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, OK, for Respondent-Appellee-Cross-Appellant.

Before SEYMOUR, BALDOCK, and KELLY, Circuit Judges.

BALDOCK, Circuit Judge.

An Oklahoma jury convicted Petitioner Michael Edward Hooper on three counts of first degree murder in the shooting deaths of his twenty-three-year-old former girlfriend, Cynthia Jarman, and her two children, Tonya Kay Jarman and Timmy Glen Jarman. The jury imposed the death sentence for each count. The Oklahoma Court of Criminal Appeals affirmed Petitioner's convictions and sentences on direct appeal and denied post-conviction relief. See...

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