BLACKMON v. JOHNSON

No. 96-40406.

145 F.3d 205 (1998)

Ricky Don BLACKMON, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1998.


Attorney(s) appearing for the Case

Rita Jeanne Radostitz, Austin, TX, for Petitioner-Appellant.

William Charles Zapalac, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before POLITZ, Chief Judge, and JOLLY and EMILIO M. GARZA, Circuit Judges.


POLITZ, Chief Judge:

Convicted of capital murder and sentenced to death, Ricky Don Blackmon appeals the denial of his 28 U.S.C. § 2254 petition for habeas corpus. The district court denied relief and on an earlier appeal we vacated that judgment and remanded for an evidentiary hearing. On remand, the district court again denied relief and granted a certificate of probable cause. We now affirm.

BACKGROUND

The facts underlying this appeal are...

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