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THORNBURG v. MULLIN

No. 04-6086.

422 F.3d 1113 (2005)

Richard Alford THORNBURG, Jr., Petitioner-Appellant, v. Mike MULLIN, Warden of the Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 7, 2005.

Attorney(s) appearing for the Case

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

Robert Whittaker, Assistant Attorney General (W.A. Drew Edmonson, Attorney General, with him on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before KELLY, HARTZ, and McCONNELL, Circuit Judges.

HARTZ, Circuit Judge.

Applicant Richard Allen Thornburg was convicted in Oklahoma state court on three counts of first-degree murder and sentenced to death. After the Oklahoma Court of Criminal Appeals (OCCA) affirmed his convictions on direct appeal and denied his application for state postconviction relief, he filed in the United States District Court for the Western District of Oklahoma an application for writ of habeas corpus under 28 U.S.C. § 2254. The district...

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