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WILSON v. SIRMONS

No. 06-5179.

536 F.3d 1064 (2008)

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

United States Court of Appeals, Tenth Circuit.

August 8, 2008.

Attorney(s) appearing for the Case

Lanita Henricksen, (Mark Henricksen, with her on the briefs), Henricksen & Henricksen Lawyers, Inc., Oklahoma City, OK, for Petitioner-Appellant.

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

Before HARTZ, McCONNELL and TYMKOVICH, Circuit Judges.

McCONNELL, Circuit Judge.

Michael Lee Wilson, a death row inmate in the Oklahoma State Penitentiary, appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Mr. Wilson was convicted of one count of murder in the first degree and robbery with a dangerous weapon. In the sentencing phase, the jury found three statutory aggravating factors. He was sentenced to death for the first degree murder and to life...

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