Davis v. Miller, No. 07-7062

In a murder prosecution, the dismissal of Petitioner's habeas petition as a sanction is reversed where, because the District Court entered an order requiring Petitioner to file an amended petition the day after Respondent was served with the original petition, there was no chance Respondent was prejudiced by exerting effort to reply to the initial petition.

Read Davis v. Miller, No. 07-7062

Appellate Information

Filed July 7, 2009

Judges

Opinion by Judge Seymour

Counsel

For Appellant:

Steven M. Presson, Presson Law Office, Norman, OK

For Appellee:

W.A. Drew Edmondson, Attorney General, Oklahoma City, OK

Keeley L. Harris, Assistant Attorney General, Oklahoma City, OK