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WELCH v. WORKMAN

No. 07-5061.

607 F.3d 674 (2010)

Gary Roland WELCH, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 7, 2010.

Attorney(s) appearing for the Case

James L. Hankins of Ogle & Welch, P.C. (Robert L. Wyatt, IV, of Wyatt Law Office 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, with him on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before O'BRIEN, TYMKOVICH, and HOLMES, Circuit Judges.

O'BRIEN, Circuit Judge.

Gary Welch was sentenced to death after his conviction for the first degree murder of Robert Hardcastle. After his conviction and sentence were affirmed on appeal and his request for post-conviction relief was denied, Welch petitioned for writ of habeas corpus under 28 U.S.C. § 2254. The district court denied his petition but granted a certificate of appealability on ten issues involving both the guilt and sentencing phase of his trial...

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