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ALLEN v. STATE

No. PCD-2010-1175.

265 P.3d 754 (2011)

2011 OK CR 31

ALLEN v. STATE.

Court of Criminal Appeals of Oklahoma.

December 8, 2011.

Attorney(s) appearing for the Case

John David Echols , Indigent Defense System, Sapulpa, OK, Vicki Werneke , Kristi Christopher , Indigent Defense System, Norman, OK, attorneys for defendant at trial.

Richard Hull , First Assistant District Attorney, Pittsburg County, McAlester, OK, Robert Whitaker , Assistant Attorney General, Oklahoma City, OK, attorneys for State at trial.

Kristi Christopher , Indigent Defense System, Norman, OK, John David Echols , Indigent Defense System, Sapulpa, OK, attorneys for appellant on appeal.

E. Scott Pruitt , Attorney General, Robert Whitaker , Assistant Attorney General, Oklahoma City, OK, attorneys for appellee on appeal.

OPINION DISMISSING APPEAL

LEWIS, Vice Presiding Judge.

¶ 1 Petitioner, Garry Thomas Allen, was scheduled to be executed on March 7, 2005, for his first degree murder conviction and death sentence in Oklahoma County District Court case number CF-1986-6295. During clemency proceedings, the execution was stayed until May 19, 2005. Prior to May 19, the Warden of the Oklahoma State Penitentiary initiated proceedings pursuant to 22 O.S.2001, §...

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