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DOUGLAS v. WORKMAN

Nos. 01-6094, 06-3091, 06-6093, 06-6102.

560 F.3d 1156 (2009)

Yancy Lyndell DOUGLAS, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee, Paris LaPriest Powell, Petitioner-Appellee/Cross-Appellant, v. Randall G. Workman, Warden, Oklahoma State Penitentiary, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

March 26, 2009.

Attorney(s) appearing for the Case

Randy A. Bauman, Assistant Federal Public Defender, Oklahoma City, OK (John M. Stuart of Stuart, Frieda & Hammond, P.C., Duncan, OK, with him on the briefs), for Petitioner-Appellant Douglas.

Robert L. Whittaker, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with him on the briefs), State of Oklahoma, Oklahoma City, OK, for the State.

Jack Fisher of Edmond, OK, for Petitioner-Appellee/Cross-Appellant Powell.

Before HENRY, Chief Judge, SEYMOUR, and EBEL, Circuit Judges.

PER CURIAM.

Following the death of Shauna Farrow and the wounding of Derrick Smith, Yancy Lyndell Douglas and Paris LaPriest Powell were each convicted of first degree malice murder and shooting with intent to kill. Mr. Douglas and Mr. Powell were tried separately, almost two years apart,1 and both juries found that their respective defendants knowingly created a great risk of death to more than one person. Both juries also assessed the...

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