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BROWN v. SIRMONS

No. 06-5071.

515 F.3d 1072 (2008)

Darwin Desmond BROWN, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

February 5, 2008.

Attorney(s) appearing for the Case

James L. Hankins, Oklahoma City, Oklahoma, for Petitioner-Appellant.

Jennifer B. Miller, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the brief), for Respondent-Appellee.

Before HENRY, Chief Judge, LUCERO and HARTZ, Circuit Judges.

HENRY, Chief Judge.

An Oklahoma County district court jury convicted Darwin Brown of one count of first-degree murder, OKLA. STAT. tit. 21, § 701.7(A) & (B), and one count of robbery with a dangerous weapon, OKLA. STAT. tit. 21, § 801. As to the murder conviction, the jury found three aggravating circumstances, and imposed the death penalty. The jury sentenced Mr. Brown to life imprisonment for the robbery conviction. The Oklahoma Court of Criminal Appeals...

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