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BLACK v. WORKMAN

No. 10-6062.

682 F.3d 880 (2012)

Johnny Dale BLACK, Petitioner-Appellant, v. Randall G. WORKMAN, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 14, 2012.

Attorney(s) appearing for the Case

Randy A. Bauman, Assistant Federal Public Defender, (Sarah M. Jernigan, Assistant Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Western District of Oklahoma, Oklahoma City, OK, for Petitioner-Appellant.

Seth S. Branham, Assistant Attorney General, Office of the Attorney General for the State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

Before LUCERO, HARTZ, and O'BRIEN, Circuit Judges.

ORDER

HARTZ, Circuit Judge.

Defendant Johnny Black was convicted of first-degree murder and battery with a dangerous weapon because of his role in an assault that left Bill Pogue dead and Rick Lewis suffering from 13 stab wounds. On the recommendation of the jury, Defendant received a death sentence on the first-degree murder conviction.

After unsuccessfully appealing to the Oklahoma Court of Criminal Appeals (OCCA) and pursuing two post-conviction...

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