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RICHIE v. MULLIN

No. 04-5072.

417 F.3d 1117 (2005)

Lonnie Wright RICHIE, Petitioner-Appellee, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

July 25, 2005.

Attorney(s) appearing for the Case

Randy Bauman and Scott W. Braden, Assistant Federal Public Defenders, Death Penalty Federal Habeas Corpus Division, Oklahoma City, OK, for Petitioner-Appellee.

Preston Saul Draper, Assistant Attorney General (and W.A. Drew Edmondson, Attorney General of Oklahoma, on the briefs), Oklahoma City, OK, for Respondent-Appellant.

Before KELLY, HARTZ, and McCONNELL, Circuit Judges.

KELLY, Circuit Judge.

Respondent Mike Mullin, Warden of the Oklahoma State Penitentiary, appeals the district court's order granting conditional habeas corpus relief in the form of a new trial to Petitioner Lonnie Richie, an Oklahoma state prisoner convicted of first degree murder and sentenced to death. The sole issue on appeal is whether defense counsel rendered ineffective assistance of counsel in cross-examining Dr. Robert Hemphill, a medical examiner employed...

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