HOWELL v. TRAMMELL

Nos. 02-6324, 12-6014.

728 F.3d 1202 (2013)

Michael Wayne HOWELL, Petitioner-Appellant, v. Anita TRAMMELL, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 5, 2013.


Attorney(s) appearing for the Case

Steven M. Presson , Presson Law Office, Norman, OK ( Robert W. Jackson , Jackson & Presson, P.C., Norman, OK, with him on the briefs in 02-6324), and Paul R. Bottei ( Amy D. Harwell and Kelley J. Henry , Office of the Federal Public Defender, Middle District of Tennessee, Nashville, TN, and Steven M. Presson , Presson Law Office, Norman, OK, with him on the motion in 12-6014), Office of the Federal Public Defender, Middle District of Tennessee, Nashville, TN, for Appellant.

Jennifer J. Dickson , Assistant Attorney General ( E. Scott Pruitt , Attorney General of Oklahoma, with her on the supplemental brief, and W.A. Drew Edmondson , Attorney General of Oklahoma, and Jennifer B. Miller , Assistant Attorney General, on the opening brief), Office of the Oklahoma Attorney General, Oklahoma City, OK, for Appellee.

Before LUCERO, TYMKOVICH, and GORSUCH, Circuit Judges.


TYMKOVICH, Circuit Judge.

This appeal considers two petitions for habeas relief arising from the murder conviction and death sentence of Michael Wayne Howell. Howell's first petition came before us in 2002. After the Supreme Court ruled that states could not impose capital punishment on persons with mental impairments, we abated that petition and allowed Howell to pursue a mental-disability challenge to his sentence in Oklahoma...

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