Legal Opinion

Patrick McKinnon v. Michael W. Carr, Warden

Court of Appeals for the Tenth Circuit

Decided December 24, 1996No. 95-5192PublishedCited by 16 opinions

1Per curiam

Petitioner McKinnon was convicted in Oklahoma for rape and oral sodomy. The Oklahoma Court of Criminal Appeals affirmed on the merits, McKinnon v. State, 752 P.2d 833 (Okla.Crim.App.1988), and in an unpublished opinion affirmed the denial of post-conviction relief.

At trial the victim testified that she accompanied McKinnon to his apartment at night. She stated that she was stripped of her clothing, handcuffed, and tied to the bed with bandannas, clothespins were fastened to her breasts, and she was subjected to sexual intercourse and repeated acts of oral sodomy. She was taken home about 5:30…

2Cases cited4 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Stone v. PowellSupreme Court of the United States · 1976
  3. United States v. SantanaSupreme Court of the United States · 1976
  4. McKinnon v. StateCourt of Criminal Appeals of Oklahoma · 1988

3Cited by16 opinions

  1. Douglas McClish v. Richard B. NugentCourt of Appeals for the Eleventh Circuit · 2007
  2. Cox v. StateIndiana Supreme Court · 1998
  3. United States v. MartinCourt of Appeals for the Tenth Circuit · 2010
  4. United States v. FlowersCourt of Appeals for the Tenth Circuit · 2003
  5. Wilson v. JaraDistrict Court, D. New Mexico · 2011

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