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MAGNAN v. TRAMMELL

No. 11-7072.

719 F.3d 1159 (2013)

David Brian MAGNAN, Petitioner-Appellant, v. Anita TRAMMELL, Warden, Oklahoma State Penitentiary; E. Scott Pruitt, Attorney General, State of Oklahoma, Respondents-Appellees. Seminole Nation of Oklahoma, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 14, 2013.

Attorney(s) appearing for the Case

Chad A. Readler of Jones Day, Columbus, OH, ( Steven A. Broussard and Michael J. Lissau of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK; and Gary Peterson , Oklahoma City, OK, with him on the briefs), for Petitioner-Appellant.

Seth S. Branham , Assistant Attorney General, ( E. Scott Pruitt , Attorney General of Oklahoma, and Jennifer L. Crabb , Assistant Attorney General, on the brief), Oklahoma City, OK, for Respondent-Appellee.

Eugene K. Bertman and Jennifer Henshaw McBee of McCormick & Bryan, PLLC, Edmond, OK, filed an amicus curiae brief on behalf of the Seminole Nation of Oklahoma, Amicus Curiae.

Before BRISCOE, Chief Judge, KELLY and HARTZ, Circuit Judges.

BRISCOE, Chief Judge.

Petitioner David Magnan pleaded guilty in Oklahoma state court to three counts of murder in the first degree and one count of shooting with intent to kill. Magnan was sentenced to death for each of the murder convictions and to a term of life imprisonment on the remaining conviction. Magnan argued on direct review that the crimes occurred in "Indian country," 18 U.S.C. § 1151, and that, as a result, the state trial court lacked jurisdiction...

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