Sutton v. Department of Correction, No. 11-7046 (10th Cir. 2011)
Annotate this CaseDefendant Davey Joe Sutton sought a certificate of appealability (COA) to challenge a district court's denial of his petition for habeas relief. Defendant was a former Oklahoma state prisoner. In 2004, he was convicted by a jury of witness intimidation for which he was sentenced to one year imprisonment with the last six months suspended. Among the issues Defendant raised on appeal to the Tenth Circuit, he claimed that the evidence was insufficient to support his conviction and that there were too many errors prejudicial errors at trial. Upon review, the Tenth Circuit concluded that none of the grounds Defendant raised on appeal rose to the level of a substantial showing of the denial of a constitutional right as required for a COA. Accordingly, the Court denied Defendant's request for a COA and dismissed his appeal.
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