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TAYLOR v. WORKMAN

No. 07-7030.

554 F.3d 879 (2009)

Charles TAYLOR, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 30, 2009.

Attorney(s) appearing for the Case

Randy A. Bauman, Assistant Federal Public Defender (James A. Drummond, Assistant Federal Public Defender, with him on the briefs), Oklahoma City, OK, for Petitioner-Appellant.

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

Before KELLY, McCONNELL, and GORSUCH, Circuit Judges.

McCONNELL, Circuit Judge.

In a drug-related incident, Petitioner-Appellant Charles Taylor shot four people, one of whom died. The prosecution introduced evidence that Mr. Taylor made statements at the time indicating an intention to kill two of the shooting victims who survived the incident. Mr. Taylor denied that he had any intention to kill the victim who died, whom he did not even know. Rather, he testified that he shot this victim

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