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MURPHY v. SIRMONS

No. CIV-03-443-RAW-KEW.

497 F.Supp.2d 1257 (2007)

Patrick Dwayne MURPHY, Petitioner, v. Marty SIRMONS, Warden, Oklahoma State Penitentiary, Respondent.

United States District Court, E.D. Oklahoma.

August 1, 2007.

Attorney(s) appearing for the Case

Preston Saul Draper, David M. Brockman, Office of the Attorney General, Oklahoma City, OK, for Respondent.

Kristi L. Christopher, Scott W. Braden, Lisa S. McCalmont, Randy A. Bauman, Federal Public Defender, Oklahoma City, OK, for Petitioner.

OPINION AND ORDER

WHITE, District Judge.

Petitioner Patrick Dwayne Murphy was convicted following a jury trial in the District Court of McIntosh County, Case No. CF-1999-164A, of First Degree Murder in violation of 21 O.S. Supp.1996, § 701.7(A). In accordance with the jury's verdict, Petitioner was on May 18, 2000 sentenced to death. On direct appeal, the Oklahoma Court of Criminal Appeals affirmed his conviction and death sentence. Murphy...

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