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CORTEZ-LAZCANO v. WHITTEN

No. 22-5031.

81 F.4th 1074 (2023)

Daniel CORTEZ-LAZCANO, Petitioner-Appellant, v. Rick WHITTEN, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED August 25, 2023.

Attorney(s) appearing for the Case

James L. Hankins , Edmond, Oklahoma, for Petitioner-Appellant.

Joshua R. Fanelli , Assistant Attorney General ( John M. O'Connor , Attorney General, and Tanner A. Herrmann , Assistant Attorney General, on the brief), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before MORITZ, BALDOCK, and MURPHY, Circuit Judges.

A jury in Tulsa County, Oklahoma, convicted Daniel Cortez-Lazcano of child sexual abuse. After unsuccessfully appealing his conviction to the Oklahoma Court of Criminal Appeals (OCCA), Cortez-Lazcano sought habeas relief under 28 U.S.C. § 2254 in federal court. He argued, among other things, (1) that the prosecution used...

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