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SHORT v. SIRMONS

No. 04-6299.

472 F.3d 1177 (2006)

Terry Lyn SHORT, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 26, 2006.

Attorney(s) appearing for the Case

John Dexter Marble (Gary M. Chubbuck and Susan F. Kane with him on the briefs), Chubbuck Smith Rhodes Stewart & Elder, Oklahoma City, OK, for Petitioner-Appellant.

Robert L. Whittaker, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), for Respondent-Appellee.

Before TACHA, HENRY, and McCONNELL, Circuit Judges.

HENRY, Circuit Judge.

Terry Lyn Short was convicted after a jury trial in the District Court for Oklahoma County of first-degree murder and five counts of attempting to kill after former conviction of two or more felonies in violation of Okla. Stat. tit. 21, §§ 701.7, 652. As to the murder conviction, the jury found three aggravating circumstances, and the trial court imposed the death penalty. The Oklahoma Court of Criminal Appeals (OCCA) affirmed Mr. Short...

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