Court of Appeals for the Fifth Circuit June 23, 2005, No. 02-4183 (Harding v. Russell)

OPINION

MILLS, District Judge:

Donald Lee Harding appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

*741I. BACKGROUND

On January 28, 1988, Charles W. Root was killed at his place of employment, a convenience store in Columbus, Ohio. His death was caused by repeated blows to the head from a 31-pound cannister of carbon dioxide.