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BOLTZ v. MULLIN

No. 04-6134.

415 F.3d 1215 (2005)

John Albert BOLTZ, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 2005.

Attorney(s) appearing for the Case

James L. Hankins, The Coyle Law Firm, Oklahoma City, OK, appearing for Appellant.

Preston Saul Draper, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with him on the brief), Office of the Attorney General for the State of Oklahoma, Oklahoma City, OK, appearing for Appellee.

Before TACHA, Chief Circuit Judge, O'BRIEN, and TYMKOVICH, Circuit Judges.

TACHA, Chief Circuit Judge.

A jury convicted Petitioner-Appellant John Albert Boltz of first-degree murder in the stabbing and decapitation death of his stepson, Doug Kirby, and sentenced him to death in 1984. In 1991, the Oklahoma Court of Criminal Appeals ("OCCA") affirmed his conviction and sentence on direct appeal. Mr. Boltz then filed an application for post-conviction relief in the District Court of Pottawatomie County, Oklahoma on July 2, 1992, which was denied...

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