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GARNER v. STATE OF OKL.

No. CIV-74-336-E.

430 F.Supp. 692 (1975)

David Lee GARNER, Respondent, v. The STATE OF OKLAHOMA, Defendant.

United States District Court, W. D. Oklahoma.

Opinion after Evidentiary Hearing September 8, 1975.

Attorney(s) appearing for the Case

Fred Gilbert, Tulsa, Okl., for respondent.

Larry Derryberry, Atty. Gen., and Kay Karen Kennedy, Asst. Atty. Gen., Oklahoma City, Okl., for defendant.

MEMORANDUM AND ORDER

EUBANKS, District Judge.

This habeas proceeding is among the progeny of the decisions of the Court of Appeals in Lamb v. Brown, 456 F.2d 18 (CA10 1972) and Radcliff v. Anderson, 509 F.2d 1093 (CA10 1975). The essential facts are not disputed. In Case No. CRF-71-1518, District Court of Oklahoma County, the petitioner...

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