Appeals court denies stay of execution for Allen

DENVER (AP) -- An appeal by a convicted murderer set to become the first woman executed in Oklahoma since statehood was rejected by the U.S. 10th Circuit Court of Appeals Thursday.<br><p align="justify">Wanda

Friday, January 5th 2001, 12:00 am

By: News On 6

DENVER (AP) -- An appeal by a convicted murderer set to become the first woman executed in Oklahoma since statehood was rejected by the U.S. 10th Circuit Court of Appeals Thursday.

Wanda Jean Allen challenged her conviction and death sentence on grounds of ineffective legal counsel. Allen, whose execution is scheduled Jan. 11, argued a recent U.S. Supreme Court decision shows the Denver-based appeals court was wrong to deny her previous appeal.

But a three-judge panel of the court said Allen's appeal didn't meet the legal requirements.

"In the particular context of Allen's claim that her counsel was ineffective for failing to present certain mitigation evidence during the penalty phase of the trial, she can satisfy the miscarriage of justice standard only by showing with `clear and convincing evidence that no reasonable juror would have found (her) eligible for the death penalty in light of the new evidence,"' the judges wrote.

Allen's appeal doesn't meet that standard, they added.

Allen, 41 was convicted of shooting and killing roommate Gloria Jean Leathers, 29, in front of a police station in The Village, an Oklahoma City suburb, in 1988.

Her supporters have argued the jury wasn't told that Allen is mentally impaired. But prosecutors counter she is a "fully functional adult" who knew what she was doing.

Allen is one of eight prisoners on Oklahoma's death row scheduled for execution this month. She is the only woman.