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MALONE v. CARPENTER

No. 17-6027.

911 F.3d 1022 (2018)

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

United States Court of Appeals, Tenth Circuit.

FILED December 20, 2018.

Attorney(s) appearing for the Case

Robert S. Jackson , Oklahoma City, Oklahoma ( Sarah M. Jernigan , Assistant Federal Public Defender, Oklahoma City, Oklahoma, with him on the briefs), for Petitioner-Appellant.

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

Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.

Defendant Ricky Ray Malone was convicted in Oklahoma state court of first-degree murder and sentenced to death. The Oklahoma Court of Criminal Appeals (OCCA) affirmed Defendant's conviction on direct appeal and denied his petitions for postconviction relief. Defendant then filed an unsuccessful application for relief under...

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