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GIPSON v. JORDAN

No. 02-6261.

376 F.3d 1193 (2004)

Adrian Darryle GIPSON, Petitioner-Appellee, v. Lenora JORDAN, Warden, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

August 2, 2004.

Attorney(s) appearing for the Case

William R. Holmes, Assistant Attorney General of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs), Oklahoma City, OK, for the Respondent-Appellant.

Susan M. Otto, Federal Public Defender, Oklahoma City, OK, for the Petitioner-Appellee.

Before SEYMOUR, and LUCERO, Circuit Judges, and CASSELL, District Judge.

LUCERO, Circuit Judge.

In this appeal, Lenora Jordan, Warden of the James Crabtree State Correctional Center in Helena, Oklahoma ("Oklahoma") seeks review of a conditional grant of habeas relief to Oklahoma state prisoner, Adrian Gipson. The sole issue on appeal is whether prosecutorial remarks before the sentencing jury which referenced Gipson's prior convictions impermissibly infringed upon his right to be free from double jeopardy. We exercise jurisdiction pursuant...

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