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BRYAN v. MULLIN

No. 00-6090.

335 F.3d 1207 (2003)

Robert Leroy BRYAN, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 21, 2003.

Attorney(s) appearing for the Case

Robert A. Nance of Riggs, Abney, Neal, Turpen, Orbison & Lewis (F. Andrew Fugitt, with him on the briefs), Oklahoma City, OK, for Petitioner-Appellant.

David M. Brockman, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs), Oklahoma City, OK, for Respondent-Appellee.

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Robert Leroy Bryan was convicted in Oklahoma state court of first degree malice murder and sentenced to death. See Bryan v. State (Bryan I), 935 P.2d 338 (Okla.Crim.App.1997). After the Oklahoma Court of Criminal Appeals denied his state petition for post-conviction relief, see Bryan v. State (Bryan II), 948 P.2d 1230 (Okla.Crim.App.1997...

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