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Darrell Wayne Cain v. R. Michael Cody, Warden, Attorney General of the State of Oklahoma
Citations: 39 F.3d 1191; 1994 WL 586943; 1994 U.S. App. LEXIS 37679Docket: 94-6120
Court: Court of Appeals for the Tenth Circuit; October 26, 1994; Federal Appellate Court
Darrell Wayne Cain, proceeding pro se, appeals the dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus by the district court. Cain was convicted in Oklahoma state court for unlawful distribution of marijuana and maintaining a dwelling for controlled substances, receiving a ten-year sentence and a fine. He claims violations of due process and equal protection, citing several specific issues: the omission of "knowingly or intentionally" from jury instructions, the denial of his Supplemental Petition for Rehearing, the retroactive application of a rule barring rehearing issues, the denial of an evidentiary hearing concerning a deal with an informer, and the refusal to address his claims on the merits. The matter was reviewed by U.S. Magistrate Judge Gary M. Purcell, who recommended denial of the petition. The district court adopted this recommendation in full. On appeal, Cain reiterates his claims and argues he has experienced a "fundamental miscarriage of justice" as defined in Coleman v. Thompson. The appellate court affirms the district court's decision, citing the reasons outlined in the magistrate judge's report. This order and judgment is not binding precedent but may be cited under specific conditions outlined by the court's General Order from November 29, 1993.