ALLEN v. MULLIN

No. 02-6146.

368 F.3d 1220 (2004)

Garry Thomas ALLEN, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

May 19, 2004.


Attorney(s) appearing for the Case

Randy Bauman, Assistant Federal Public Defender (Patrick J. Ehlers, Jr., Assistant Federal Public Defender on the briefs), Oklahoma City, OK, for Petitioner-Appellant.

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

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


O'BRIEN, Circuit Judge.

Garry Thomas Allen was convicted of murder in the first degree in violation of Okla. Stat. tit. 21, § 701.7,1 for which he was sentenced to death. After extended state court proceedings, he filed a petition for writ of habeas corpus with the federal district court under 28 U.S.C. § 2254. The district court held a limited evidentiary hearing and denied relief. He appeals four issues certified for review...

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