Roberson v. Rudek, No. 11-6182 (10th Cir. 2011)
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Pro se prisoner Petitioner Lewis Roberson applied for a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. After a jury trial, Petitioner was convicted of assault and battery with a deadly weapon after having been convicted of two or more felonies. On appeal, Petitioner argued that: (1) the trial court erred by holding a bifurcated, rather than a trifurcated, trial; (2) his convictions violated a state prohibition on multiple punishments; and (3) he was denied the effective assistance of trial counsel. The Oklahoma Court of Criminal Appeals (OCCA) affirmed Petitioner's convictions. Petitioner then filed an unsuccessful application for post-conviction relief in Oklahoma state court, raising a claim that his appellate counsel was ineffective for failing to raise an ineffective-assistance-of-trial-counsel claim on direct appeal. Upon review by the Tenth Circuit, the Court concluded that the district court's resolution of Petitioner's claims were "not reasonably subject to debate and the claims [were] not adequate to deserve further proceedings." Accordingly, the Court denied Petitioner's request for a COA and dismissed his appeal.
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