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HARRIS v. SHARP

No. 17-6109.

941 F.3d 962 (2019)

Jimmy Dean HARRIS, Petitioner-Appellant, v. Tommy SHARP, Interim Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

October 28, 2019.

Attorney(s) appearing for the Case

Jack Fisher , Fisher Law Office, Edmond, Oklahoma, and Emma V. Rolls , Assistant Federal Public Defender, Oklahoma City, Oklahoma, on behalf of the Petitioner-Appellant.

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

Before TYMKOVICH, Chief Judge, BACHARACH, and McHUGH, Circuit Judges.

TABLE OF CONTENTS

Background...971

The Standard of Review...972

Appellate Arguments Covered in an Existing Certificate of Appealability...973

I. Ineffective Assistance of Counsel...973

A. The Strickland Standard...973

B. Failure to Seek a Pretrial Hearing on Intellectual...

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