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KUTZNER v. COCKRELL

No. 02-20857.

303 F.3d 333 (2002)

Richard William KUTZNER, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 7, 2002.

Attorney(s) appearing for the Case

James William Marcus, Texas Defender Serv., Houston, TX, for Petitioner-Appellant.

Edward Larry Marshall, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before DAVIS, JONES and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

I.

Richard William Kutzner was convicted and sentenced to death by a jury in Montgomery County Texas in September 1997 for the murder of Kathryn Harrison. He is currently scheduled to be executed, August 7, 2002. Kutzner's conviction was affirmed by the Texas Court of Criminal Appeals, Kutzner v. State, 994 S.W.2d 180 (Tex.Crim.App.1999). He did not seek a writ of certiorari from...

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