BROWNING v. TRAMMELL

No. 11-5102.

717 F.3d 1092 (2013)

Michael Allen BROWNING, Petitioner-Appellee, v. Anita TRAMMELL, Warden, Oklahoma State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

May 6, 2013.


Attorney(s) appearing for the Case

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

Jack Fisher , Fisher Law Office, Edmond Oklahoma ( Paul S. McCausland , Young, Bogle, McCausland, Wells & Blanchard, P.A., Wichita, KS, with him on the brief) for Petitioner-Appellee.

Before LUCERO, TYMKOVICH, and HOLMES, Circuit Judges.


TYMKOVICH, Circuit Judge.

This appeal requires us to consider the conviction by an Oklahoma jury of Michael Allen Browning for the heinous murder of Harry and Teresa Hye, the parents of his girlfriend Cenessa Tackett. Browning received a death sentence as punishment for these crimes. The Oklahoma Court of Criminal Appeals affirmed this conviction and sentence on direct appeal, Browning v. State of Oklahoma,

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