EIZEMBER v. TRAMMELL

No. 14-6012.

803 F.3d 1129 (2015)

Scott EIZEMBER, Petitioner-Appellant, v. Anita TRAMMELL, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 15, 2015.


Attorney(s) appearing for the Case

Randall T. Coyne , University of Oklahoma College of Law, Norman, OK ( Edna Asper Elkouri and Frank Elkouri , Professor of Law, and Mark Henricksen of Henricksen & Henricksen Lawyers, Inc., Oklahoma City, OK, with him on the briefs), for Petitioner-Appellant.

Jennifer Dickson , Assistant Attorney General ( E. Scott Pruitt , Attorney General of Oklahoma, and Seth S. Branham , Assistant Attorney General, on the brief) of the Oklahoma Office of the Attorney General, Oklahoma City, OK, for Respondent-Appellee.

Before BRISCOE, Chief Judge, GORSUCH and McHUGH, Circuit Judges.


Scott Eizember left a Tulsa jail intent on settling a score. He was upset with his ex-girlfriend, Kathy Biggs, because she had tipped off authorities about his violation of a protective order. So just as soon as he could he made for her hometown of Depew. Once there, he noticed an elderly couple leaving a house across the...

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