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CANNON v. MULLIN

No. 03-5008.

383 F.3d 1152 (2004)

Jemaine Monteil CANNON, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 13, 2004.

Attorney(s) appearing for the Case

Stephen J. Greubel, Tulsa, OK, (Jemaine Monteil Cannon, with him on the briefs), for Petitioner-Appellant.

Brant M. Elmore, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General, and David M. Brockman, Assistant Attorney General, Criminal Division, on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before KELLY, HARTZ, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Jemaine Monteil Cannon was convicted in Oklahoma state court of first degree murder and sentenced to death. After the Oklahoma Court of Criminal Appeals (OCCA) denied his direct appeal and his pro se state petition for post-conviction relief, Mr. Cannon timely filed an application for relief under 28 U.S.C. § 2254. The United States District Court for the Northern District of Oklahoma rejected Mr. Cannon's request for an evidentiary hearing...

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