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MUNIZ v. PROCUNIER

No. 84-1791.

760 F.2d 588 (1985)

Pedro Cruz MUNIZ, Petitioner-Appellant, v. Raymond K. PROCUNIER, Director of Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 1985.

Attorney(s) appearing for the Case

Botello, Porter & Serna, Jesse Roy Botello, San Antonio, Tex. (court-appointed), for petitioner-appellant.

Deval L. Patrick, Joel Berger, New York City, for amicus curiae — NAACP.

Jim Mattox, Atty. Gen., Charles A. Palmer, Robert S. Walt, Austin, Tex., for respondent-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

On December 20, 1976 Pedro Cruz Muniz brutally raped and murdered a 19 year old college student. In 1977 he was tried in Williamson County, Texas, convicted, and sentenced to death. The Texas Court of Criminal Appeals affirmed in 1978, Muniz v. State, 573 S.W.2d 792 (Tex.Cr.App.1978), and the Supreme Court denied certiorari, 442 U.S. 924, 99 S.Ct. 2850, 61 L.Ed.2d 291 (1979). The state court then denied...

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