Patrick Dwayne MURPHY, Petitioner-Appellant,
v.
Terry ROYAL, Warden, Oklahoma State Penitentiary, Respondent-Appellee.
Muscogee (Creek) Nation; Seminole Nation of Oklahoma; United Keetoowah Band of Cherokee Indians in Oklahoma, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED August 8, 2017.
FILED August 8, 2017.
Attorney(s) appearing for the Case
Patti Palmer Ghezzi , Assistant Federal Public Defender ( Randy A. Bauman and Michael Lieberman , Assistant Federal Public Defenders, with her on the briefs), Office of the Federal Public Defender, Oklahoma City, Oklahoma, appearing for Appellant.
Jennifer L. Crabb , Assistant Attorney General ( E. Scott Pruitt , Attorney General, and Jared B. Haines , Assistant Attorney General, with her on the brief), Office of the Attorney General for the State of Oklahoma, Oklahoma City, Oklahoma, appearing for Appellee.
David A. Giampetroni , Kanji & Katzen, PLLC, Ann Arbor, Michigan ( Kevin Dellinger , Attorney General, and Lindsay Dowell , Assistant Attorney General, Muscogee (Creek) Nation, Okmulgee, Oklahoma; D. Michael McBride III , Attorney General, and Christina Vaughn , Assistant Attorney General, Seminole Nation of Oklahoma, Crowe & Dunlevy, Tulsa, Oklahoma; and Philip H. Tinker and Riyaz A. Kanji , Kanji & Katzen, Ann Arbor, Michigan, with him on the briefs), appearing for amici Muscogee (Creek) Nation and Seminole Nation of Oklahoma.
Klint A. Cowan , Fellers, Snider, Blankenship, Bailey & Tippens, P.C., Oklahoma City, Oklahoma, appearing for amicus United Keetoowah Band of Cherokee Indians in Oklahoma.
Before TYMKOVICH, Chief Judge, MATHESON, and PHILLIPS, Circuit Judges.
MATHESON, Circuit Judge.
TABLE OF CONTENTS
I. BACKGROUND...1172
A. Factual History...1172
B. Procedural History...1173
1. Trial...1173
2. Direct appeal...1173
3. First Application for State Post-Conviction Relief...1173
4. Filing of First Application for Federal Habeas Relief...1174
...
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