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DELOZIER v. SIRMONS

No. 06-7107.

531 F.3d 1306 (2008)

Michael DeLOZIER, Petitioner-Appellant, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 18, 2008.

Attorney(s) appearing for the Case

Jack S. Dawson (Sarah M. Jernigan with him on the brief), of Miller Dollarhide, Oklahoma City, OK, for Petitioner-Appellant.

Robert L. Whittaker, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before LUCERO, MURPHY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Michael DeLozier was convicted on two counts of first-degree murder in Oklahoma state court and sentenced to death. The Oklahoma Court of Criminal Appeals (OCCA) affirmed the conviction and sentence. See DeLozier v. State, 991 P.2d 22 (Okla.Crim.App.1998). After Mr. DeLozier filed an unsuccessful petition for a writ of certiorari in the United States Supreme Court, see DeLozier v. Oklahoma, 528...

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