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SCOTT v. MULLIN

Nos. 00-7103, 00-7106.

303 F.3d 1222 (2002)

Sidney Soren SCOTT, Petitioner-Appellant-Cross-Appellee, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

August 26, 2002.

Attorney(s) appearing for the Case

Randy A. Bauman, Assistant Federal Public Defender, Oklahoma City, OK, for Petitioner-Appellant.

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.

Before SEYMOUR, LUCERO, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Sidney Soren Scott, an Oklahoma state prisoner, appeals the denial, in part, of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Scott was convicted of first-degree murder and sentenced to death after the jury found the existence of two aggravating circumstances — that the murder was committed to avoid arrest and that Scott was a continuing threat to society. The district...

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