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EVANS v. RAY

No. 03-6012.

390 F.3d 1247 (2004)

Robert Simpson EVANS, Jr., Petitioner-Appellant, v. Charles RAY, Warden of the Davis Correctional Center, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 3, 2004.

Attorney(s) appearing for the Case

Steven Michael Presson (Robert W. Jackson with him on the briefs), Jackson & Presson, P.C., Norman, OK, for Petitioner-Appellant.

William R. Holmes, Assistant Attorney General of Oklahoma (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, OK, for Respondent-Appellee.

Before EBEL, HOLLOWAY, and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

Robert Simpson Evans, Jr. ("Petitioner") was convicted and sentenced to life imprisonment for first degree child abuse murder. On direct appeal to the state court, Petitioner argued that the retroactive application of Fairchild v. State, 998 P.2d 611 (Okla.Crim.App.1999), which he contends changed the mens rea element of Oklahoma's child abuse murder statute from...

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