SACK, Circuit Judge.
On January 21, 1997, during a fight, Terry Phillips struck the petitioner, David Policano, in the face with a metal pipe. Policano required fifteen stitches and was hospitalized. While in the hospital, Policano told a police officer that he would "take care of this" himself. Six days later, Policano approached Phillips at a bus stop and shot him at close range, three times in the head and once in the leg, killing him.
Policano was identified...
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