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DAVIS v. WORKMAN

No. 11-6022.

695 F.3d 1060 (2012)

Brian Darrell DAVIS, Petitioner-Appellant, v. Randall G. WORKMAN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 28, 2012.

Attorney(s) appearing for the Case

Jack Fisher , Fisher Law Office, Edmond, OK, ( Lanita Henricksen , Henricksen & Henricksen Lawyers, Inc., Oklahoma City, OK, with him on the briefs), for Petitioner-Appellant.

Jennifer L. Crabb , Assistant Attorney General, ( E. Scott Pruitt , Attorney General of Oklahoma, with her on the brief), Office of the Attorney General for the State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

Before KELLY, MURPHY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

An Oklahoma jury convicted Defendant Brian Darrell Davis of the first-degree murder and rape of Josephine "Jody" Sanford, the mother of his girlfriend Stacey Sanford. On the recommendation of the jury, Defendant received a 100-year prison sentence for the rape and a death sentence for the murder.

After unsuccessfully appealing to the Oklahoma Court of Criminal Appeals (OCCA), see Davis v. State, 103 P.3d 70

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