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HARRIS v. POPPELL

No. 03-6337.

411 F.3d 1189 (2005)

Benjamin HARRIS, Petitioner-Appellant, v. Dayton J. POPPELL, Warden, Lawton Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 21, 2005.

Attorney(s) appearing for the Case

Gloyd L. McCoy, McCoy Law Firm, Oklahoma City, OK, for Petitioner-Appellant.

John W. Turner, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, Kellye Bates, Assistant Attorney General, with him on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before HENRY, BALDOCK, and BRISCOE, Circuit Judges.

HENRY, Circuit Judge.

Benjamin Charles Harris was convicted of first-degree murder, OKLA. STAT. tit. 21, § 701.7, after a jury trial in the district court of Jackson County, Oklahoma. The court sentenced him to life without the possibility of parole. Mr. Harris argued on direct appeal that the trial court erred in admitting two videotapes that illustrated the testimony of the state's expert witness. The videos supported the state's theory and undermined Mr. Harris...

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