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Jordan v. Bear

United States District Court, E.D. Oklahoma

March 29, 2017

HERBERT K. JORDAN, Petitioner,
v.
CARL BEAR, Warden, Respondent.

          OPINION AND ORDER

          James H. Payne United States District Judge.

         This matter is before the Court on Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, an inmate currently incarcerated at Joseph Harp Correctional Center in Lexington, Oklahoma, challenges his conviction in Okmulgee County District Court Case No. 2010-244 for two counts of Unlawful Delivery of Cocaine Base, After Conviction of Two Drug-Related Felonies.[1] He sets forth three grounds for relief:

I. Failure to instruct jury that testimony of my informer should be examined and weighed with greater care.
II. Petitioner's right to due process was violated when digital recordings were destroyed by the State.
III. Ineffective assistance of trial counsel.

         Respondent concedes that Petitioner has exhausted his state court remedies for the purpose of federal habeas corpus review. The following records have been submitted to the court for consideration in this matter:

A. Petitioner's direct appeal brief.
B. The State's brief in Petitioner's direct appeal.
C. Summary Opinion affirming Petitioner's judgment and sentence. Jordan v. State, No. F-2011 (Okla. Crim. App. Sept. 5, 2012).
D. State court record.
E. Transcripts of Petitioner's jury trial and sentencing F. Original Record.

         Standard of Review

         Under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), federal habeas corpus relief is proper only when the state court adjudication of a claim:

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented ...

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