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COLE v. STATE

No. PCD-2020-529.

492 P.3d 11 (2021)

2021 OK CR 10

Benjamin Robert COLE, Sr., Petitioner, v. The STATE of Oklahoma, Respondent.

Court of Criminal Appeals of Oklahoma.

FILED April 29, 2021.

Attorney(s) appearing for the Case

APPEARANCES AT EVIDENTIARY HEARING.

MICHAEL W. LIEBERMAN , THOMAS D. HIRD , ASST. FEDERAL PUBLIC DEFENDERS, 215 DEAN A. MCGEE AVE., #707, OKLAHOMA CITY, OK 73102, COUNSEL FOR PETITIONER.

MATTHEW J. BALLARD , DISTRICT ATTORNEY, 210 W. DELAWARE, STE. 202, VINITA, OK 74301, COUNSEL FOR RESPONDENT.

MIKE HUNTER , ATTORNEY GENERAL OF OKLAHOMA, RANDALL YOUNG , JULIE PITTMAN , ASST. ATTORNEYS GENERAL, 313 N.E. 21ST ST., OKLAHOMA CITY, OK 73015, COUNSEL FOR RESPONDENT.

SARA HILL , CHRISSI NIMMO , CHEROKEE NATION, OFFICE OF THE ATTORNEY GENERAL, P.O. BOX 1533, TAHLEQUAH, OK 74465, COUNSEL FOR THE CHEROKEE NATION.

APPEARANCES ON APPEAL.

MICHAEL W. LIEBERMAN , THOMAS D. HIRD , ASST. FEDERAL PUBLIC DEFENDERS, 215 DEAN A. MCGEE AVE., #707, OKLAHOMA CITY, OK 73102, COUNSEL FOR PETITIONER.

MIKE HUNTER , ATTORNEY GENERAL OF OKLAHOMA, RANDALL YOUNG , ASST. ATTORNEY GENERAL, 313 N.E. 21ST ST., OKLAHOMA CITY, OK 73105, COUNSEL FOR RESPONDENT.

OPINION GRANTING POST-CONVICTION RELIEF

¶1 Benjamin Robert Cole, Sr., was tried by jury and convicted of First Degree Murder in the District Court of Rogers County, Case No. CF-2002-597. In accordance with the jury's recommendation the Honorable J. Dwayne Steidley...

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