422 F3d 1113 Thornburg v. Mullin  422 F.3d 1113  Richard Alford
THORNBURG, Jr., Petitioner-Appellant, Mike MULLIN, Warden of the
Oklahoma State Penitentiary, Respondent-Appellee.  No. 04-6086.
United States Court of Appeals, Tenth Circuit.  September 7,
2005.  Steven M. Presson (Robert W. Jackson with him on the
brief), of Jackson & Presson, P.C., Norman, OK, for Petitioner-
Appellant.  Robert Whittaker, Assistant Attorney General (W.A.
Drew Edmonson, Attorney General, with him on the brief),
Oklahoma City, OK, for Respondent-Appellee.  Before KELLY,
HARTZ, and McCONNELL, Circuit Judges.  HARTZ, Circuit Judge.
Applicant Richard Allen Thornburg was convicted in Oklahoma
state court on three counts of first-degree murder and sentenced
to death. After the Oklahoma Court of Criminal Appeals (OCCA)
affirmed his convictions on direct appeal and denied his
application for state postconviction relief, he filed in the
United States District Court for the Western District of
Oklahoma an application for writ of habeas