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Federal appeals court orders release of a man sentenced to death

The court ruled the Oklahoma district court did not have jurisdiction in the case because the killings happened on Indian land.
BY ROBERT BOCZKIEWICZ Modified: June 14, 2013 at 9:17 pm •  Published: June 15, 2013

The appeals court said Magnan's release from the Oklahoma State Penitentiary will not occur until the court issues its mandate. A court official said the mandate, a command to put Friday's decision into effect, is normally issued 21 days later unless the state asks the court to reconsider the decision or asks the court to postpone the mandate.

Assistant U.S. Attorney Ryan Roberts of the Eastern District of Oklahoma — which includes Seminole County — said, “We're aware of the decision and are reviewing what action, if any, to take” in that district's federal court, which is in Muskogee.

Court records state Magnan asked the state judge who presided at his trial to sentence him to death.


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