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MILLER v. MULLIN

No. 02-6199.

354 F.3d 1288 (2004)

George James MILLER, Plaintiff-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 21, 2004.

Attorney(s) appearing for the Case

Robert W. Jackson (Steven M. Presson, with him on the briefs), Jackson & Presson, P.C., Norman, OK, for Plaintiff-Appellant.

Robert L. Whittaker, (W.A. Drew Edmundson, Attorney General of Oklahoma, with him on the brief), Assistant Attorney General, Criminal Division, Oklahoma City, OK, for Defendant-Appellee.

Before SEYMOUR, HENRY, and O'BRIEN, Circuit Judges.

PER CURIAM.

George James Miller, a state prisoner, appeals the district court's decision denying him habeas relief from his Oklahoma first-degree malice aforethought murder convictions for the September 17, 1994 death of Kent Dodd. On appeal, Mr. Miller contends that (1) the prosecution engaged in prosecutorial misconduct when it concealed until final closing its theory that Mr. Dodd identified his killer by writing the letters "JAy" in smeared blood; (2) his trial...

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