(Download) "Hooks V. Ward" by Tenth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Hooks V. Ward
• Author : Tenth Circuit U.S. Court of Appeals
• Release Date : January 16, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

In May 1989, an Oklahoma jury convicted Victor Wayne Hooks of first degree murder and first degree manslaughter for beating to death, respectively, his common-law wife and the 24-week-old fetus she was carrying. After a one-day sentencing hearing, Hooks was sentenced to death on the murder conviction and to 500 years' imprisonment on the manslaughter conviction. On December 2, 1996, after direct and collateral appeals in the Oklahoma courts, Hooks filed a petition for writ of habeas corpus in the United States District Court for the Western District of Oklahoma pursuant to 28 U.S.C. § 2254. The district court denied Hooks' petition on all thirteen grounds advanced, and granted a certificate of appealability ("COA") under 28 U.S.C. § 2253 as to Hooks' claims of ineffective assistance of trial counsel and denial of a fair trial. Hooks filed a timely appeal in this court and requested that we grant a COA on several additional issues raised before the district court. We granted Hooks a COA on Issues I (ineffective assistance of trial and/or appellate counsel), II (trial court failure to instruct the jury on lesser included offenses), and V (constitutionality of certain aggravating sentencing factors), as raised in Hooks' brief on appeal. We REMAND for the district court to consider the adequacy of the state's claim of procedural bar on all but one of Hooks' claims of ineffective trial counsel. As to all other issues as to which a certificate of appealability has been granted, we AFFIRM.

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