Beruflich Dokumente
Kultur Dokumente
3d 137
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
Petitioner William Tyson Horton appeals the district court's denial of his 28
U.S.C. 2254 petition for a writ of habeas corpus. We exercise jurisdiction under
28 U.S.C. 1291 and affirm.
The police arrested Petitioner. The state charged him with Assault and Battery
with a Dangerous Weapon After Former Conviction of a Felony, Okla. Stat.
Ann. tit. 21, 645, and Oral Sodomy After Former Conviction of a Felony, Okla.
Stat. Ann. tit. 21, 886. In May 1983, a jury found Petitioner guilty on all
charges. Following the verdict, the court remanded Petitioner to the custody of
his attorney and ordered the jury to determine its recommended punishment
During the recess, Petitioner fled and could not be located. The state district
court ordered Petitioner's appearance bond forfeited and issued a bench warrant
for his immediate arrest. The jury returned and recommended Petitioner be
sentenced to thirty-years imprisonment on each count. The court set sentencing
for June 3, 1983.
Petitioner then filed the instant 28 U.S.C. 2254 petition for a writ of habeas
corpus in the United States District Court for the Western District of
Oklahoma. In his 2254 petition, Petitioner maintained, inter alia, that the
Oklahoma state district court erred by: (1) denying him a fair and impartial
sentencing hearing; (2) violating his due process rights by sentencing him in
absentia; and (3) depriving him of effective assistance of counsel by
accelerating the sentencing hearing and thereby preventing counsel from
offering mitigating evidence. Additionally, Petitioner argued that his appellate
counsel was ineffective for failing to assert the aforementioned issues. Finally,
Petitioner contended that he was entitled to an evidentiary hearing on his
claims.
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11
AFFIRMED.
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally
disfavors the citation of orders and judgments; nevertheless, an order and
judgment may be cited under the terms and conditions of the court's General
Order filed November 29, 1993. 151 F.R.D. 470
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R. 34.1.9. The cause
therefore is ordered submitted without oral argument