Grant v. Trammell
Court of Appeals for the Tenth Circuit
1Concurring in part, dissenting in partBriscoe, Chief Judge
I agree with the majority that there is no merit to the two guilt-phase issues raised by Grant, i.e., the lesser-included instruction issue that is discussed in Section I of the majority opinion and the Confrontation Clause issue that is discussed in Section II of the majority opinion. As regards the lesser-included instruction issue discussed in Section I of the majority opinion, I rely on the OCCA’s findings and conclusions that no lesser-included instructions were required under Shrum v. State, 991 P.2d 1032, 1036 (Okla.Crim.App.1999) because the evidence adduced at trial could not…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Cullen v. PinholsterSupreme Court of the United States · 2011
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Lockett v. OhioSupreme Court of the United States · 1978
- Eddings v. OklahomaSupreme Court of the United States · 1982
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