Welch v. Sirmons

BRISCOE, Circuit Judge.

Petitioner Frank Duane Welch, an Oklahoma state prisoner convicted of first degree malice aforethought murder and sentenced to death, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

Factual background

The relevant underlying facts of this case were outlined in detail by the Oklahoma Court of Criminal Appeals (OCCA) in addressing Welch’s direct appeal:

On February 25, 1987, Tracy Cooper arrived at his Norman home around 1:00 p.m. and found his wife, Jo Talley Cooper, lying dead…