SMITH v. DINWIDDIE

No. 06-5116.

510 F.3d 1180 (2007)

Kip Antonio SMITH, Petitioner-Appellant, v. Walter N. DINWIDDIE, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 12, 2007.


Attorney(s) appearing for the Case

Fred Randolph Lynn, Tulsa, OK, for Petitioner-Appellant.

Theodore M. Peeper, Assistant Attorney General, Office of the Attorney General of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

Before BRISCOE, McWILLIAMS, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

This habeas petition presents an unusual question of collateral estoppel. In 2000, Kip Antonio Smith was convicted of sexual abuse of a minor child. But only fourteen months earlier, in a civil deprived-child action, a jury had rejected the state's allegations that he had sexually abused a child in a manner that was shocking and heinous or which caused severe harm or injury. In his state appeal, Smith unsuccessfully argued that the jury's...

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