In a murder prosecution, the dismissal of Petitioner's habeas petition as a sanction is reversed where, because the District Court entered an order requiring Petitioner to file an amended petition the day after Respondent was served with the original petition, there was no chance Respondent was prejudiced by exerting effort to reply to the initial petition.
Filed July 7, 2009
Opinion by Judge Seymour
W.A. Drew Edmondson, Attorney General, Oklahoma City, OK