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UNDERWOOD v. ROYAL

No. 16-6262.

894 F.3d 1154 (2018)

Kevin Ray UNDERWOOD, Petitioner-Appellant, v. Terry ROYAL, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 2, 2018.

Attorney(s) appearing for the Case

Sarah M. Jernigan , Assistant Federal Public Defender ( Patti Palmer Ghezzi , Assistant Federal Public Defender, Western District of Oklahoma, with her on the briefs), Oklahoma City, Oklahoma, for Petitioner-Appellant.

Jennifer J. Dickson , Assistant Attorney General ( Mike Hunter , Attorney General of Oklahoma, with her on the brief), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before MATHESON, KELLY, and BACHARACH, Circuit Judges.

Kevin Ray Underwood appeals from the federal district court's denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254. In 2008, a jury convicted Mr. Underwood of first degree murder and sentenced him to death in Oklahoma state court. The Oklahoma Court of Criminal Appeals ("OCCA") affirmed Mr. Underwood...

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