Webber v. Scott

MURPHY, Circuit Judge.

I. INTRODUCTION

Following a jury trial, appellant Brett Ashley Webber was convicted of sexually abusing a minor child (Count 1), first degree rape (Count 2), forcible sodomy (Counts 3, 7, 10, 11, 13, and 14), lewd molestation (Counts 4, 5, 6, 12, 16, 20, 22, 24, 25, 26, and 27), attempted rape (Count 15), sodomy (Counts 17 and 18), sexual battery (Count 19), and attempted lewd molestation (Counts 21 and 23). On direct appeal, the Oklahoma Court of Criminal Appeals (“OCCA”) reversed the convictions on Counts 1-3, primarily because it concluded the appointment of a child…