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WILSON v. SIRMONS

Nos. 06-5179, 07-7034, 07-7056.

549 F.3d 1267 (2008)

Michael Lee WILSON, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee. Donald Wackerly II, Petitioner-Appellant, v. Marty Sirmons, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 2, 2008.

Attorney(s) appearing for the Case

Lanita B. Henricksen, Henricksen & Henricksen Lawyers, Inc., Oklahoma City, OK, Raymond P. Moore, Federal Public Defender, Office of the Federal Public Defender, Denver, CO, for Michael Lee Wilson.

Jennifer B. Miller, Assistant Attorney General, Seth S. Branham, Jennifer B. Miller, Attorney General for the State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

James T. Rowan, Rowan Ashbaker & Mckay PC, Oklahoma City, OK, for Donald Wackerly II.

Before HENRY, Chief Judge, TACHA, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

ORDER

These matters are before the court to set en banc review. In Wilson v. Sirmons, Case No. 06-5179, we GRANT the petition for en banc review filed by respondent Marty Sirmons. In Wackerly v. Sirmons, Case Nos. 07-7034 and 07-7056 combined, we set the matter for initial en banc hearing sua sponte.

Discussion

In both Wilson and Wackerly, petitioners each requested...

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