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FISHER v. GIBSON

Nos. 99-6433, 99-6444.

282 F.3d 1283 (2002)

James T. FISHER, Petitioner-Appellant/Cross-Appellee, v. Gary E. GIBSON, Warden, Oklahoma State Penitentiary, Respondent Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

March 12, 2002.

Attorney(s) appearing for the Case

Patrick J. Ehlers, Jr., Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, OK, for Petitioner-Appellant/Cross-Appellee.

Robert Whittaker, Assistant Attorney General; W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs, Oklahoma City, OK, for Respondent-Appellee/ Cross-Appellant.

Before SEYMOUR, KELLY and MURPHY, Circuit Judges.

SEYMOUR, Circuit Judge.

James T. Fisher was convicted of first degree murder in Oklahoma County District Court and sentenced to death in September 1983. Mr. Fisher filed a petition for habeas corpus relief under 28 U.S.C. § 2254, which the federal district court granted as to the sentencing phase of his trial. Mr. Fisher and the state of Oklahoma both appeal. For the reasons stated below, we reverse and grant conditional habeas relief as to the guilt phase of...

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