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YOUNG v. SIRMONS

No. 05-6282.

486 F.3d 655 (2007)

Kevin YOUNG, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

May 15, 2007.

Attorney(s) appearing for the Case

Mark Barrett, Norman, OK, for Petitioner-Appellant.

Preston Saul Draper, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma with him on the briefs), Oklahoma City, OK, for Respondent-Appellee.

Before KELLY, LUCERO, and TYMKOVICH, Circuit Judges.

LUCERO, Circuit Judge.

Kevin Young was convicted of first degree murder for shooting and killing Joseph Sutton during a robbery at the Charles Steak House (the "Steak House"). A unanimous jury sentenced him to death. He filed a 28 U.S.C. § 2254 petition in federal district court in Oklahoma, seeking relief from both his conviction and sentence. The court denied Young's petition, but granted him a certificate of appealability ("COA"), pursuant to 28 U.S.C. §...

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