Legal Opinion
Phillips v. Workman
Court of Appeals for the Tenth Circuit
Decided May 12, 2010No. 08-7043PublishedCited by 6 opinions
1Opinion of the Court
HENRY, Circuit Judge.
After hearing evidence regarding the tragic death of Jason McFail, a jury in the District Court for Bryan County, Oklahoma convicted Eugene Phillips on one count of first-degree malice aforethought murder and sentenced him to death. The trial court denied his request to instruct the jury regarding the non-capital lesser-included offense of second-degree depraved mind murder. The Oklahoma Court of Criminal Appeals (“OCCA”) affirmed Mr. Phillips’s conviction and sentence and denied post-conviction relief.
In this 28 U.S.C. § 2254 proceeding, Mr. Phillips contends that under…
2Cases cited32 opinions
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Bell v. ConeSupreme Court of the United States · 2002
- Beck v. AlabamaSupreme Court of the United States · 1980
27 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hooks v. WorkmanCourt of Appeals for the Tenth Circuit · 2012
- Davis v. StateCourt of Criminal Appeals of Oklahoma · 2011
- Heard v. AddisonCourt of Appeals for the Tenth Circuit · 2013
- Fuston v. QuickCourt of Appeals for the Tenth Circuit · 2026
- Hooks v. WorkmanCourt of Appeals for the Tenth Circuit · 2012
1 more not listed; retrieve them via the Exa API.