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WELCH v. SIRMONS

No. 05-6159.

451 F.3d 675 (2006)

Frank Duane WELCH, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 20, 2006.

Attorney(s) appearing for the Case

James L. Hankins (Robert L. Wyatt, IV, Wyatt Law Office, Oklahoma City, OK, with him on the briefs), The Coyle Law Firm, Oklahoma City, OK, for Petitioner-Appellant.

Seth S. Branham, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

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

BRISCOE, Circuit Judge.

Petitioner Frank Duane Welch, an Oklahoma state prisoner convicted of first degree malice aforethought murder and sentenced to death, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

Factual background

The relevant underlying facts of this case were outlined in detail by the Oklahoma Court of Criminal...

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