Court of Appeals for the Tenth Circuit April 5, 1995, 94-5072 (Benjamin Brewer v. Dan Reynolds)

STEPHEN H. ANDERSON, Circuit Judge.

In 1983, an Oklahoma jury convicted Benjamin Brewer of first degree murder and sentenced him to death. After unsuccessfully pursuing a direct appeal of his conviction and post-conviction relief in the Oklahoma state courts, Mr. Brewer filed this, his first federal petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In his petition, Mr.