No. 04-5067.

436 F.3d 1181 (2006)

Corey Duane HAMILTON, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 24, 2006.

Attorney(s) appearing for the Case

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

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

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

TYMKOVICH, Circuit Judge.

This death penalty appeal arises out of the 1992 killings of four employees of Lee's Famous Recipe Chicken Restaurant in Tulsa, Oklahoma. In the course of a robbery in which Corey Hamilton participated, the employees were placed in a food locker and forced to kneel at gunpoint. Hamilton shot each in the head. A jury convicted Hamilton of four counts of first-degree murder and one count of robbery with a firearm.

At sentencing, the...

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