MOLLETT v. MULLIN

No. 01-6403.

348 F.3d 902 (2003)

Lloyd Edward MOLLETT, Petitioner-Appellee, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

November 5, 2003.


Attorney(s) appearing for the Case

David M. Brockman, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, OK, for Respondent-Appellant.

John M. Stuart of Stuart, Frieda & Hammond, P.C., Duncan, OK, for Petitioner-Appellee.

Before KELLY, HENRY and MURPHY, Circuit Judges.


HENRY, Circuit Judge.

Lloyd Edward Mollett was found guilty of first-degree murder and first-degree rape by an Oklahoma jury. At the trial's sentencing stage, the prosecution urged the jury to impose the death penalty. During the jury deliberations that followed, the jury sent the presiding judge a note asking the judge to "tell us if we find a sentence of [l]ife is the[re] any possibility of Mr. Mollett ever leaving prison...

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