Muldoon v. Dome Sheet Metal, Inc.

How later courts describe this case

• refusing to reach petitioner’s equitable tolling argument because he did not raise it in the district court
• upholding use of sequential charge in case involving capital murder and felony murder because offenses not mutually exclusive
• noting death-sentencing rate at penalty trial for C-1 defendants, excluding Cooper, as 39%, and death-sentencing rate for all defendants, excluding Cooper, as 30%
• “The time after the Oklahoma Court of Criminal Appeals finally denied his post-conviction application until the United States Supreme Court denied his petition for certiorari was not ‘time during which a properly filed application for State post-conviction ... review ... [was] pending.’ ”