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SPEARS v. MULLIN

Nos. 01-6258, 01-6267, 01-6349, 01-6354.

343 F.3d 1215 (2003)

Brian SPEARS, Petitioner-Appellee/Cross-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellant/Cross-Appellee. Dudley Allen Powell, Petitioner-Appellee/Cross-Appellant, v. Mike Mullin, Warden, Oklahoma State Penitentiary, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

August 12, 2003.

Attorney(s) appearing for the Case

Seth S. Branham, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma with him on the briefs), Oklahoma City, OK, for Respondent-Appellant/Cross-Appellee.

Randy A. Bauman, Assistant Federal Public Defender, Oklahoma City, OK, for Petitioner-Appellee/Cross-Appellant Brian Spears.

Mark Henricksen (Lanita Henricksen with him on the briefs) of Henricksen & Henricksen Lawyers, Inc., El Reno, OK, for Petitioner-Appellee/Cross-Appellant Dudley Allen Powell.

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

LUCERO, Circuit Judge.

Convicted in the Oklahoma courts of the first-degree murder of Jimmy DeWayne Thompson and sentenced to death, Brian Spears and Dudley Powell each filed a 28 U.S.C. § 2254 petition seeking relief from their convictions and sentences.1 After concluding that photographs introduced during the second stage of trial rendered the sentencing stage fundamentally unfair, the federal district court granted relief from...

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