Roger Dale Stafford v. James Saffle, Warden, Oklahoma State, Penitentiary at McAlester Oklahoma Susan B. Loving, Attorney General of Oklahoma

EBEL, Circuit Judge.

A jury convicted Appellant-Roger Dale Stafford, Sr., (“Stafford”) of three counts of first degree murder and sentenced him to death. Stafford filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied the writ, but issued a certificate of probable cause.

Stafford filed a timely appeal of the court’s decision: (1) denying his request to amend his habeas petition to include claims as to the sufficiency of the evidence and actual innocence; (2) holding that he was not denied effective assistance of counsel at the penalty phase; (3)…