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PATTON v. MULLIN

No. 03-6140.

425 F.3d 788 (2005)

Eric Allen PATTON, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 21, 2005.

Attorney(s) appearing for the Case

Scott W. Braden, Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, OK, for Petitioner-Appellant.

Robert L. Whittaker, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General, and Brant M. Elmore, Assistant Attorney General, with him on the brief), State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

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

HENRY, Circuit Judge.

Petitioner Eric Allen Patton was convicted after a jury trial in the District Court for Oklahoma County of first-degree murder and first-degree burglary after former conviction of two or more felonies, in violation of OKLA. STAT. tit. 21 §§ 701.7, 1431, and 1451. As to the murder conviction, the jury found four aggravating circumstances and, upon the jury's recommendation, the trial court imposed the death penalty.

The Oklahoma...

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