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Tenth Rejects Claims of Error, Affirms Death Sentence in OK Case

By Shari Allison

Brown v. Sirmons, --- F.3d ----, 2008 WL 307452 (10th Cir. Feb. 5, 2008).Multiple issues raised in a §2254 death penalty case?the conviction and sentence were upheld by the Tenth. The overall result, both below and in federal court seems somewhat shocking given the nature of some of the claimed errors, the relative garden variety nature of the offense (killing of a clerk during a 7-11 robbery), and the extremely mild to non-existent criminal background of the petitioner (P) (3 separate illegal firearm possessions, and one assault and battery in what looked like a crowd melee fight). - use of dual juries in trying co-Defendants was not structural error and did not burden Petitioner?s cross examination (jury A leaves the room when evidence inadmissable against Def A is admitted) - deference afforded to court?s voir dire on death eligible jurors...continue to full post

Full post as published by Tenth Circuit Blog on February 12, 2008 (boomark / email).