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HICKS v. FRANKLIN

No. 07-7084.

546 F.3d 1279 (2008)

Gary Lee HICKS, Petitioner-Appellant, v. Eric FRANKLIN, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 17, 2008.

Attorney(s) appearing for the Case

James L. Hankins of Ogle & Welch, P.C., Oklahoma City, OK, for Petitioner-Appellant.

Theodore M. Peeper, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before KELLY, McCONNELL, and GORSUCH, Circuit Judges.

KELLY, Circuit Judge.

Gary Lee Hicks pled guilty to murder in the second degree in violation of Okla. Stat. tit. 21 § 701.8 (1976),1 for which he was sentenced to life imprisonment. After exhausting his state remedies, he filed a pro se federal habeas petition under 28 U.S.C. § 2254 claiming that his plea lacked a factual basis, that it was not knowing and voluntary, and that his sentence was excessive. The district court adopted...

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