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SALLAHDIN v. MULLIN

No. 03-6108.

380 F.3d 1242 (2004)

Sharieff Imani SALLAHDIN, also known as Michael Lannier Pennington, Petitioner-Appellee, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

August 24, 2004.

Attorney(s) appearing for the Case

David M. Brockman, Assistant Attorney General, Criminal Division, (W.A. Drew Edmondson, Attorney General, with him on the brief), Oklahoma City, OK, for the respondent-appellant.

Fred L. Staggs, Oklahoma City, OK, for the petitioner-appellee.

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and BRISCOE, Circuit Judge.

BRISCOE, Circuit Judge.

Respondent Mike Mullin, warden of the Oklahoma State Penitentiary, appeals the district court's decision granting conditional habeas relief in the form of a new sentencing hearing to petitioner Sharieff Sallahdin, an Oklahoma state prisoner convicted of first degree murder and sentenced to death. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I.

The relevant underlying facts of Sallahdin's crime and...

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