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WELCH v. WORKMAN

No. 07-5061.

639 F.3d 980 (2011)

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

United States Court of Appeals, Tenth Circuit.

February 10, 2011.

Attorney(s) appearing for the Case

James Hankins of Ogle & Welch, P.C. ( Robert L. Wyatt of Wyatt Law Office with him on the briefs) Oklahoma City, OK, for Petitioner-Appellant.

Robert Whittaker , Assistant Attorney General, ( W.A. Drew Edmondson , Attorney General of Oklahoma, with him on the briefs) for Respondent-Appellee.

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

ORDER ADDRESSING PETITION FOR REHEARING AND SUBSTITUTING NEW OPINION

Appellant, Gary Roland Welch, petitioned for panel and en banc rehearing.

Panel rehearing is granted for the limited purpose of addressing the issue Welch raised in his petition for panel rehearing and clarifying that the panel reviewed the Hardcastle family's victim impact testimony de novo, applying Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct. 1710...

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