Hamilton v. Jones

The State of Oklahoma has scheduled plaintiff Corey Duane Hamilton for execution by lethal injection on January 9, 2007. Hamilton’s first-degree murder conviction and death sentence were affirmed on direct appeal, Hamilton v. State, 937 P.2d 1001 (Okla.Crim.App.1997), cert. denied, 522 U.S. 1059, 118 S.Ct. 716, 139 L.Ed.2d 657 (1998), and have withstood federal constitutional challenge in federal habeas proceedings, Hamilton v. Mullin, 436 F.3d 1181 (10th Cir.), cert. denied, — U.S. -, 127 S.Ct. 560, 166 L.Ed.2d 415 (2006). On October 27, 2006, he commenced this action under 42 U.S.C. § 1983…