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DE LA CRUZ v. JOHNSON

No. 97-40556.

134 F.3d 299 (1998)

Jose Eligio DE LA CRUZ, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 1998.

Attorney(s) appearing for the Case

Peter A. Moir, David Michael Genender, Baker & Botts, Dallas, TX, for Petitioner-Appellant.

Douglas A. Danzeiser, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and DeMOSS, Circuit Judges.

PER CURIAM:

Death row inmate Jose De La Cruz appeals the district court's final judgment denying De La Cruz' petition for writ of habeas corpus. We affirm.

I.

Nine years ago, Jose De La Cruz stabbed Domingo Rosas to death. The Friday night before the murder De La Cruz was a guest in Rosas' home and played a drinking game called "quarters" with Rosas until early Saturday morning. After leaving Rosas' home, De La Cruz returned and killed Rosas in order...

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