REVILLA v. GIBSON

No. 00-6244.

283 F.3d 1203 (2002)

Daniel Juan REVILLA, Petitioner-Appellant, v. Gary GIBSON, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 13, 2002.


Attorney(s) appearing for the Case

James L. Hankins of Hankins Law Office, Enid, OK, for Petitioner-Appellant.

Sandra D. Howard, Assistant Attorney General, Chief, Criminal Appeals (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before SEYMOUR, BALDOCK, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

In 1987, an Oklahoma jury found Daniel Juan Revilla guilty of first degree child abuse murder, Okla. Stat. tit. 21, § 701.7(C) (Supp.1982). The jury also found two aggravating circumstances: "especially heinous, atrocious or cruel" conduct and "a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society." The jury imposed death as punishment. The...

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