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DARKS v. MULLIN

No. 01-6308.

327 F.3d 1001 (2003)

Tyrone P. DARKS, Petitioner-Appellee, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 2003.

Attorney(s) appearing for the Case

Robert L. Whittaker, Assistant Attorney General, Criminal Division, Oklahoma City, Oklahoma, (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs), for Respondent-Appellant.

K. Leslie Delk, Tucson, Arizona, for Petitioner-Appellee.

Before SEYMOUR, BALDOCK and KELLY, Circuit Judges.

SEYMOUR, Circuit Judge.

Petitioner Tyrone Peter Darks was convicted of the first degree murder of his former wife Sherry Goodlow and sentenced to death in Oklahoma state court. The Oklahoma Court of Criminal Appeals (OCCA) affirmed the conviction and sentence, see Darks v. State, 954 P.2d 152 (Okla.Crim.App.1998), and denied post-conviction relief, see Darks v. State, 954 P.2d 169 (Okla...

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