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DIESTEL v. HINES

No. 06-7070.

506 F.3d 1249 (2007)

William James DIESTEL, Petitioner-Appellant, v. Reginald HINES, Warden, Lexington Correctional Center, Lexington, Oklahoma, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 1, 2007.

Attorney(s) appearing for the Case

Burke Mordy, Mordy & Mordy, P.C., Ardmore, OK, (Andrea D. Miller, Oklahoma City, OK, and Phil S. Hurst, Hurst, McNeil & Gordon, Sulphur, OK, with him on the brief), for Petitioner-Appellant.

Keeley Lane Harris, Assistant Attorney General (W.A. Drew Edmonson, Attorney General, with him on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before HENRY, LUCERO, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

William James Diestel was convicted of first-degree murder in Oklahoma state court. After the Oklahoma Court of Criminal Appeals (OCCA) affirmed his conviction, he filed in the United States District Court for the Eastern District of Oklahoma an application for habeas relief under 28 U.S.C. § 2254, raising two claims: (1) the state did not present sufficient evidence to prove beyond a reasonable doubt that he was sane at the time of the...

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