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POSTELLE v. CARPENTER

No. 16-6290.

901 F.3d 1202 (2018)

Gilbert Ray POSTELLE, Petitioner-Appellant, v. Mike CARPENTER, Interim Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed August 27, 2018.

Attorney(s) appearing for the Case

Robert A. Nance ( John T. Carlson , Assistant Federal Public Defender, Denver, Colorado, with him on the briefs), Riggs, Abney, Neal, Turpen, Orbison & Lewis, Oklahoma City, Oklahoma, for the Appellant.

Caroline E.J. Hunt , Assistant Attorney General ( Mike Hunter , Attorney General of Oklahoma, with her on the brief), Office of the Oklahoma Attorney General, Oklahoma City, Oklahoma, for the Appellee.

Before TYMKOVICH, Chief Judge, LUCERO, and MORITZ, Circuit Judges.

An Oklahoma jury convicted and sentenced Gilbert Ray Postelle to death in connection with the brutal killings of four people. On Memorial Day 2005, Postelle and two other assailants attacked Donnie Swindle at his home, murdering him along with three acquaintances. The raid apparently sprang from the Postelle family's grudge...

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