Court of Appeals for the Tenth Circuit December 23, 1996, 95-1285 (Gary Lee Davis v. Executive Director of Department of Corrections, as Head of the Department of Corrections, Ari Zavaras)

STEPHEN H. ANDERSON, Circuit Judge.

Gary Lee Davis appeals from the district court’s denial of his first petition for a writ of habeas corpus, in which he seeks to overturn his sentence of death. We granted Mr. Davis’s request for a certificate of probable cause and a stay pending appeal.

1

We hold as follows: (1) Mr.