COLE v. TRAMMELL

No. 11-5133.

735 F.3d 1194 (2013)

Benjamin COLE, Petitioner-Appellant, v. Anita TRAMMELL, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 18, 2013.


Attorney(s) appearing for the Case

Thomas Kenneth Lee , Assistant Federal Public Defender, ( Robert S. Jackson , Assistant Federal Public Defender, with him on the briefs), Oklahoma City, OK, for Petitioner-Appellant.

Jennifer J. Dickson , Assistant Attorney General, ( E. Scott Pruitt , Attorney General of Oklahoma, with her on the brief), Oklahoma City, OK, for Respondent-Appellant.

Before BRISCOE, Chief Judge, LUCERO and HOLMES, Circuit Judges.


BRISCOE, Chief Judge.

Petitioner Benjamin Cole, an Oklahoma state prisoner convicted of one count of first degree murder of a child and sentenced to death, appeals from the district court's denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm the district court's denial of federal habeas relief.

I

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