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SMITH v. DUCKWORTH

No. 14-6201.

824 F.3d 1233 (2016)

Michael DeWayne SMITH, Petitioner-Appellant, v. Kevin DUCKWORTH, Interim Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 6, 2016.

Attorney(s) appearing for the Case

Emma V. Rolls , Assistant Public Defender ( Patti Palmer Ghezzi , Assistant Federal Public Defender, with her on the briefs), Office of the Public Defender, Oklahoma City, Oklahoma, for Petitioner-Appellant.

Thomas Lee Tucker ( E. Scott Pruitt , Attorney General of Oklahoma, and Robert Whittaker , Assistant Attorney General on the brief), Office of the Attorney General for the State of Oklahoma, Oklahoma City, Oklahoma, for Respondent-Appellee.

Before BRISCOE, HOLMES, and McHUGH, Circuit Judges.

I. INTRODUCTION

Michael DeWayne Smith was charged with two counts of murder for the killings of Sarath Pulluru and Janet Moore. He was convicted and sentenced to death. The Oklahoma Court of Criminal Appeals affirmed his convictions on direct appeal and denied his two applications...

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