DUTTON v. BROWN

No. 85-2115.

788 F.2d 669 (1986)

Lonnie Joe DUTTON, Plaintiff-Appellant, v. John N. BROWN and Attorney General of the State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 11, 1986.


Attorney(s) appearing for the Case

James W. Berry, Oklahoma City, Okl. (James W. Bill Berry & Associates, Oklahoma City, Okl., with him on briefs), for plaintiff-appellant.

David W. Lee, Asst. Atty. Gen., Chief, Criminal & Federal Divisions, Oklahoma City, Okl. (Michael C. Turpen, Atty. Gen. of Oklahoma and Tomilou Gentry Liddell, Asst. Atty. Gen., Deputy Chief, Crim. Div., Oklahoma City, Okl., with him on brief), for defendants-appellees.

Before MOORE, ANDERSON and BALDOCK, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This is an appeal from a judgment denying appellant's petition for a writ of habeas corpus. The petitioner, Lonnie Joe Dutton, was convicted by a state jury of first-degree murder. In accordance with Oklahoma's bifurcated trial statute, the same jury subsequently sentenced him to death by lethal injection.

Petitioner raises four issues on appeal regarding the constitutional validity of...

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