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HAWKINS v. MULLIN

No. 00-6204.

291 F.3d 658 (2002)

Don Wilson HAWKINS, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

May 22, 2002.

Attorney(s) appearing for the Case

Scott W. Braden, Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, OK, for Petitioner-Appellant.

Jennifer B. Miller, Assistant Attorney General, State of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before TACHA, Chief Judge, EBEL, and LUCERO, Circuit Judges.

TACHA, Chief Judge.

Petitioner-appellant Don Wilson Hawkins appeals the denial of habeas relief, see 28 U.S.C. § 2254, from his Oklahoma first-degree felony murder conviction and death sentence. Among other claims, Hawkins argues that the State improperly based his first-degree felony murder conviction on kidnapping for extortion, which is not a specifically enumerated felony supporting a first-degree murder conviction...

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