Revilla v. Gibson

MURPHY, Circuit Judge.

I. INTRODUCTION

In 1987, an Oklahoma jury found Daniel Juan Revilla guilty of first degree child abuse murder, Okla. Stat. tit. 21, § 701.7(C) (Supp.1982). The jury also found two aggravating circumstances: “especially heinous, atrocious or cruel” conduct and “a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.” The jury imposed death as punishment. The state trial court formally imposed judgment on Revilla in absentia, due to his escape from county jail shortly after trial.

Following his return to…