Ballard v. Franklin, No. 11-6191 (10th Cir. 2011)
Annotate this CasePro se prisoner Petitioner-Appellant Kenneth Ballard sought a certificate of appealability (COA) to challenge a district court's judgement that denied his habeas application. In 1984, Petitioner pled guilty to multiple counts of robbery with firearms and one count of first degree murder. An Oklahoma state court sentenced him to 75 years of imprisonment for each robbery conviction and to life imprisonment for the murder conviction. The state court ordered that the robbery sentences run concurrently, but that the murder sentence run consecutively to the robbery sentences. In 2010, Petitioner was informed he was eligible for a "jacket review" for parole consideration. The Oklahoma Parole Board denied Petitioner parole. Petitioner contended that the Parole Board only considered facts from his murder conviction when it should have only considered his robbery convictions. The Oklahoma courts denied all of his petitions challenging the application of his sentences. After reviewing Mr. Ballard’s appellate brief and application for a COA, the district court’s order and a magistrate’s report and recommendation, and the entire record on appeal, the Tenth Circuit concluded that Petitioner was not entitled to a COA. Accordingly, the Court denied his request for a COA and dismissed his appeal.
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