BYRD v. WORKMAN

No. 09-5146.

645 F.3d 1159 (2011)

Kirk Douglas BYRD, Petitioner-Appellant, v. Randall WORKMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

May 27, 2011.


Attorney(s) appearing for the Case

Barry A. Schwartz , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with him on the briefs), Denver, CO, for Petitioner-Appellant.

Keeley L. Harris , Assistant Attorney General ( W.A. Drew Edmondson , Attorney General, with her on the brief), Oklahoma City, OK, for Respondent-Appellee.

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


HOLMES, Circuit Judge.

Petitioner Kirk Douglas Byrd, an Oklahoma state prisoner currently serving a fifty-five-year sentence, appeals from the district court's denial of his 28 U.S.C. § 2254 habeas petition. Mr. Byrd alleges that he received ineffective assistance of counsel because his trial counsel (1) failed to investigate whether his prior felony convictions would be admissible for purposes of enhancing his sentence under Oklahoma's repeat-offender statute...

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