Legal Opinion · Concurring in part, dissenting in part

Grant v. Trammell

Court of Appeals for the Tenth Circuit

Decided August 15, 2013No. 11-5001Published

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Cullen v. PinholsterSupreme Court of the United States · 2011
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Lockett v. OhioSupreme Court of the United States · 1978
  5. Eddings v. OklahomaSupreme Court of the United States · 1982

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