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BLACK v. COCKRELL

No. 02-50455.

314 F.3d 752 (2002)

Christopher BLACK, Sr., Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Order On Petition for Rehearing January 15, 2003.

Attorney(s) appearing for the Case

John Michael Hurley, Waco, TX, for Petitioner-Appellant.

Carla Elaina Eldred, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Christopher Black was sentenced to death upon his conviction by a Texas jury of capital murder. In February 1998, angry at the end of his marriage, Black recorded on cassette tapes why he wanted to kill his family, applied for the purchase of a handgun, and some days later purchased a semi-automatic pistol. The next day he went to the house where his wife was living. There in the presence of Deidre Blackburn, a friend of his...

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