Legal Opinion

McCracken v. Gibson

Court of Appeals for the Tenth Circuit

Decided October 10, 2001No. 00-5127PublishedCited by 66 opinions

1Opinion of the CourtBriscoe, Circuit Judge

Petitioner Jerry Lynn McCracken, an Oklahoma state prisoner convicted of four counts of first degree murder and sentenced to death, appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

On the evening of October 13, 1990, after drinking and smoking marijuana with friends at an apartment in Tulsa, McCracken and co-defendant David Lawrence went to the Ferndale Lounge, where they drank heavily for several hours. Between approximately 12:40 and 12:55 a.m., they were overheard saying to each…

2Cases cited28 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Kimmelman v. MorrisonSupreme Court of the United States · 1986
  5. Enmund v. FloridaSupreme Court of the United States · 1982

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3Cited by66 opinions

  1. Cargle v. MullinCourt of Appeals for the Tenth Circuit · 2003
  2. Hooks v. WorkmanCourt of Appeals for the Tenth Circuit · 2012
  3. Grant v. RoyalCourt of Appeals for the Tenth Circuit · 2018
  4. Tice v. WilsonDistrict Court, W.D. Pennsylvania · 2006
  5. Littlejohn v. TrammellCourt of Appeals for the Tenth Circuit · 2013

61 more not listed; retrieve them via the Exa API.

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