Bigby v. Cockrell

CARL E. STEWART, Circuit Judge:

Petitioner-Appellant, Gary Eugene Big-by (“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 evidence submitted in his behalf. For the reasons assigned herein, we affirm the conviction, reverse the district court’s denial of a…