Aug. 22, 2002); see generally Revilla, 283 F.3d at 1210 n. 3 (noting that Hawkins and Clayton, unpublished opinions that may not be binding authority, "at the very least ... reflect that Oklahoma does not now invariably apply its default rules to bar death-ineligibility issues").

When, as here, habeas petitioners challenge the admission of photographic evidence as violative of the Constitution, this court considers "whether the admission of evidence ... so infected the sentencing proceeding with unfairness as to render the jury's imposition of the death penalty a denial of due process." The beating lasted from three to ten minutes. A native of Milwaukee, Wisconsin, Tyler Herro is an American professional basketball player for the Miami Heat of the National Basketball Association (NBA). See generally Montana v. Egelhoff, 518 U.S. 37, 39-40, 43, 51, 56, 116 S. Ct. 2013, 135 L. Ed. (quotation omitted). In the instant case the evidence showed Spears and Powell discussed beating Thompson and taking his truck before they arrived at the cemetery. 2000) (recognizing this procedural bar's adequacy). There is no Supreme Court precedent establishing a constitutional right to instructions regarding the defendant's intoxication at the time of the crime. Under the circumstances of this case, it was not fundamentally unfair for the trial court to conclude that an instruction on first-degree diminished-capacity manslaughter was unwarranted. (Spears Second Br. Johnson testified about Spears' participation in the later stabbing. Under Oklahoma law, however, juries may consider voluntary intoxication to determine if a defendant had the intent to commit first-degree murder. Bryan Spears Height. Under Oklahoma law the death penalty should not be imposed in this case unless the victim consciously suffered. Under these circumstances, we conclude that he has waived such a challenge.

Much later, Johnson took Powell home and eventually parked Thompson's truck at an apartment building. Powell fails to cite Oklahoma authority, and we find none, establishing that he must be charged with an underlying felony in order to be charged with or found guilty of felony murder. For more information on Martindale-Hubbell Peer Review Ratings™, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Cummings v. Evans, 161 F.3d 610, 619 (10th Cir. This evidence sufficiently established a plan to rob and beat Thompson which was then carried out. "In determining whether a state procedural bar is an adequate and independent ground to bar federal review of a constitutional claim, a federal habeas court must [instead] apply the state's rule in effect at the time of the purported procedural default." A native of Manhattan, Jennifer Grey is an American actress known for her roles in the 1980s films Ferris Bueller’s Day Off in 1986 and Dirty Dancing in 1987. We therefore decline to address the merits of these barred claims. Thus, Powell's statement was properly modified by Officer Wigley. (recognizing that only a narrow category of infractions violates fundamental fairness), cert. In reviewing the OCCA's decision, it is apparent that the OCCA "clearly and expressly" applied the state procedural-default rule, Harris v. Reed, 489 U.S. 255, 263, 109 S. Ct. 1038, 103 L. Ed. He represented no threat socially or physically to these two [defendants]. This man is dying a gruesome, painful, lengthy death. [A]iding and abetting involves acts, words or gestures encouraging the commission of the offense, either before or at the time of the offense. "Evidence that is probative of a defendant's guilt but technically admissible only against a codefendant ... might present a risk of prejudice." We conclude that this determination constituted a reasonable application of Jackson. § 2254(d) (1), (2). 1999); Hooks, 184 F.3d at 1234. The individuals that have reviewed this lawyer have not provided any additional feedback. Notably, on direct appeal and in his habeas petition, Powell argued solely that there was no evidence that a knife was the dangerous weapon. 900 P.2d at 449. Hensley, Daniels and Johnson all testified consistently about the murder, and their testimony was uncontroverted. We review sufficiency of the evidence as a question of law. See Cargle, 317 F.3d at 1225. Spears also argues that the testimony of Hensley and Daniels, implicating him in the murder, violated Bruton.


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