Smith v. Massey

BRISCOE, Circuit Judge.

Petitioner Lois Nadean Smith, an Oklahoma state prisoner convicted of first degree murder and sentenced to death, appeals the district court’s denial of her 28 U.S.C. § 2254 petition for writ of habeas corpus. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

The following is a summary of the underlying facts, as recounted by the Oklahoma Court of Criminal Appeals (OCCA) in disposing of Smith’s direct appeal:

The evidence shows that the appellant, her son Greg, and Teresa Baker [DeMoss] picked up Cindy Baillee at a Tahlequah motel early on the morning of…