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MALICOAT v. MULLIN

No. 03-6301.

426 F.3d 1241 (2005)

James Patrick MALICOAT, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary at McAlester, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

October 11, 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.

Jennifer J. Dickson, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General, with her on the brief), State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

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

HENRY, Circuit Judge.

Petitioner James Patrick Malicoat was convicted in Grady County, Oklahoma District Court of first-degree felony murder by child abuse. Following the jury's recommendation, the trial court imposed the death penalty.

The Oklahoma Court of Criminal Appeals (OCCA) affirmed Mr. Malicoat's conviction and sentence. See Malicoat v. State, 992 P.2d 383 (Okla.Crim.App.2000). Then, in an unpublished opinion...

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