KUTZNER v. MONTGOMERY COUNTY

No. 02-20861.

303 F.3d 339 (2002)

Richard William KUTZNER, Petitioner-Appellant, v. MONTGOMERY COUNTY, District Attorney's Office; Michael A. McDougal, Montgomery County District Attorney in his official capacity; Guy L. Williams, Montgomery County Sheriff in his official capacity; Joye M. Carter, M.D., in her official capacity, Respondents-Appellees.

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.

Before DAVIS, JONES and DeMOSS, Circuit Judges.


PER CURIAM:

On August 5, 2002, Richard William Kutzner filed a 42 U.S.C. § 1983 action that reiterates his attempt, previously embodied in a successive habeas petition, to overturn his conviction for capital murder by requiring the State to produce biological evidence for DNA testing.1 The district court dismissed sua sponte pursuant to Fed.R.Civ.P. 12(b)(6), treating Kutzner's complaint as, in effect, another successive habeas...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases