No. 07-4104.

568 F.3d 862 (2009)

Ronnie Lee GARDNER, Petitioner-Appellant, v. Hank GALETKA, Warden of the Utah State Prison, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 19, 2009.

Attorney(s) appearing for the Case

Andrew Parnes and W. Keith Goody, Attorneys for Petitioner-Appellant.

Thomas B. Brunker, Assistant Attorney General (Erin Riley, Assistant Attorney General, and Mark Shurtleff, Utah Attorney General with him on the briefs), Salt Lake City, UT, for Respondent-Appellee.

Before McCONNELL, TYMKOVICH and GORSUCH, Circuit Judges.

McCONNELL, Circuit Judge.

While Petitioner-Appellant Ronnie Lee Gardner was being escorted from prison to the state district court in Salt Lake City in 1985 for a hearing on a charge of second degree murder, an accomplice handed him a gun. At point-blank range, Mr. Gardner shot Michael Burdell, an attorney standing inside the court's archives room. Mr. Burdell died, and Mr. Gardner was convicted of first degree capital murder and sentenced to death.


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