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McCARTY v. STATE

No. PCD-2002-1493.

114 P.3d 1089 (2005)

2005 OK CR 10

Curtis Edward McCARTY, Appellant v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

June 14, 2005.

Attorney(s) appearing for the Case

John David Echols, Tulsa, OK, Vicki Ruth Adams Werneke, Oklahoma Indigent Defense System, Norman, OK, attorneys for Petitioner on appeal.

W.A. Drew Edmondson, Attorney General, Seth S. Branham, Asst. Attorney General, Oklahoma City, OK, attorney for the State.

OPINION GRANTING APPLICATION FOR POST-CONVICTION RELIEF

LUMPKIN, V.P.J.

¶ 1 Petitioner Curtis Edward McCarty was tried and convicted of First Degree Murder in the District Court of Oklahoma County, Case No. CRF-85-2637. He was sentenced to death. However, on appeal this Court reversed and remanded for a new trial, finding the record "replete with error committed during both stages of the trial...." McCarty v. State, 1988 OK CR 271,

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