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BIGBY v. COCKRELL

No. 99-11262.

340 F.3d 259 (2003)

James Eugene BIGBY, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 2003.

Attorney(s) appearing for the Case

Danny D. Burns (argued), Fort Worth, TX, for Petitioner-Appellant.

Edward Larry Marshall (argued), Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Petitioner-Appellant, Gary Eugene Bigby ("Bigby"), appeals the district court's denial of his Petition for Writ of Habeas Corpus regarding his claim that, by declining to recuse himself after Bigby assaulted him, the trial judge denied Bigby his constitutional right to due process. Prominent among other claims raised by Bigby is his Penry claim that punishment phase jury instructions prevented the jury from acting upon mitigating...

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