WILSON v. TRAMMELL

No. 11-5031.

706 F.3d 1286 (2013)

Michael Lee WILSON, Petitioner-Appellant, v. Anita TRAMMELL, Interim Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

February 11, 2013.


Attorney(s) appearing for the Case

Dustin B. Rawlin , Tucker Ellis & West LLP, Cleveland, OH, ( John Q. Lewis , Tucker Ellis & West LLP, and Lanita Henricksen, Henricksen & Henricksen Lawyers, Inc., Oklahoma City, OK, with him on the briefs), for Petitioner-Appellant.

Jennifer B. Miller , Assistant Attorney General, ( E. Scott Pruitt , Attorney General, with her on the brief) Oklahoma City, OK, for Respondent-Appellee.

Before HARTZ, TYMKOVICH, and GORSUCH, Circuit Judges.


HARTZ, Circuit Judge.

Defendant Micheal Lee Wilson1 was convicted of first-degree murder and robbery with a dangerous weapon in Oklahoma state court and sentenced to death. On direct appeal the Oklahoma Court of Criminal Appeals (OCCA) ordered dismissal of his robbery conviction but affirmed his murder conviction and death sentence. See Wilson v. State, 983 P.2d 448, 463, 473 (Okla.Crim.App.1998...

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