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Ex-Oklahoma death row inmate's appeal denied (Jul 15, 2011)

OKLAHOMA CITY (AP) - A federal appeals court has upheld the dismissal of a former Oklahoma death row inmate's malicious prosecution lawsuit.

A three-judge panel of the 10th U.S. Circuit Court of Appeals ruled against Curtis McCarty Thursday on the grounds that the lawsuit was filed after the statute of limitations expired.

The lawsuit alleged that ex-Oklahoma City police chemist Joyce Gilchrist, the police department and the city conspired to prosecute him in 1986 for the death of Pam Willis. McCarty was convicted and sentenced to death.

He spent 18 years on death row before the conviction was overturned after it was found that Gilchrist destroyed evidence.Oklahoma City municipal attorney Richard Smith represented the defendants and called the ruling "well-reasoned."

McCarty's attorney, R. Thomas Seymour, didn't immediately return a request for comment.



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