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KUTZNER v. JOHNSON

No. 00-20721.

242 F.3d 605 (2001)

Richard William KUTZNER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised March 9, 2001.

Attorney(s) appearing for the Case

Kevin Scott Dunn (argued), The Woodlands, TX, Louis A. Gimbert, Law Office of Louis A. Gimbert, Sugarland, TX, for Petitioner-Appellant.

Edward Larry Marshall (argued), Austin, TX, for Respondent-Appellee.

Before DAVIS, JONES and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Richard Kutzner has filed a motion for a certificate of appealability (COA) in this 28 U.S.C. § 2254 capital habeas proceeding alleging two constitutional violations. For the reasons that follow, we deny his motion.

I.

Kutzner was convicted of capital murder and sentenced to death in Texas state court for the murder of Kathryn Harrison. The facts relating to Kutzner's...

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