Rickke L. Green v. Dan Reynolds Attorney General of the State of Oklahoma

EBEL, Circuit Judge.

Petitioner appeals from a district court order dismissing his 28 U.S.C. § 2254 petition as an abuse of the writ under Rule 9(b) of the Rules Governing § 2254 Cases. 1 We review the district court’s factual findings for clear error and its legal conclusions de novo. See Thomas v. Kerby, 44 F.3d 884, 886 (10th Cir.1995). For the reasons explained below, we affirm the district court’s disposition with respect to the first six of seven grounds for relief asserted in the petition, but reverse as to the last, and remand for appropriate relief. 2

I

In 1971, petitioner, then sixteen…