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HOLLAND v. ALLBAUGH

No. 14-5127.

824 F.3d 1222 (2016)

Jason Nathaniel HOLLAND, Petitioner-Appellee, v. Joe ALLBAUGH, Interim Director, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

June 6, 2016.

Attorney(s) appearing for the Case

Keeley L. Miller , Assistant Attorney General ( E. Scott Pruitt , Attorney General, and Jay Schniederjan , Assistant Attorney General, on the briefs) Office of the Attorney General, Oklahoma City, Oklahoma, for Respondent-Appellant.

Barry L. Derryberry , Research and Writing Specialist ( Julia L. O'Connell , Federal Public Defender, and Chance Cammack , Research and Writing Specialist, with him on the brief) Office of the Federal Public Defender for the Northern District of Oklahoma, Tulsa, Oklahoma, for Petitioner-Appellee.

Before TYMKOVICH, Chief Judge, BALDOCK, and HARTZ, Circuit Judges.

Jason Holland and his brother were accused of robbing a driver of her purse on a rural Oklahoma highway, and then unlawfully entering a home after their getaway car had a flat tire. At a joint trial, the state court allowed, as relevant here, two pieces of evidence to be introduced: (1) one of the victims' statements that...

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