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WACKERLY v. WORKMAN

Nos. 07-7034, 07-7056.

580 F.3d 1171 (2009)

Donald Ray WACKERLY, II, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 15, 2009.

Attorney(s) appearing for the Case

James T. Rowan, Oklahoma City, OK, for Petitioner-Appellant.

Seth S. Branham, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma with him on the brief), for Respondent-Appellee.

Before LUCERO, TYMKOVICH, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

This case arises out of a 1996 crime in which Donald Wackerly planned and executed the murder of a stranger for petty cash. After trial, an Oklahoma jury found Mr. Wackerly guilty of first-degree murder and sentenced him to death. An appeal and post-conviction habeas corpus petition before state courts followed, but neither succeeded. Mr. Wackerly then filed a federal habeas petition in the United States District Court for the Eastern District...

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