Legal Opinion
Kutzner v. Montgomery County
Court of Appeals for the Fifth Circuit
Decided August 19, 2002No. 02-20861PublishedCited by 31 opinions
1Per 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 Kutz-ner’s complaint as, in effect, another successive habeas corpus petition. We affirm the dismissal.
Kutzner’s petition asserts various alleged constitutional violations against officials of Montgomery County, Texas, who have refused to…
2Cases cited6 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Preiser v. RodriguezSupreme Court of the United States · 1973
- James Harvey v. Robert F. Horan, Jr., Commonwealth's Attorney, County of Fairfax, Jennifer Thompson Karen R. Pomer Jeri Elster, Amici CuriaeCourt of Appeals for the Fourth Circuit · 2002
- Richard William Kutzner v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2002
- James Harvey v. Robert F. Horan, Jr., Commonwealth's Attorney, County of Fairfax, Jennifer Thompson Karen R. Pomer Jeri Elster, Amici CuriaeCourt of Appeals for the Fourth Circuit · 2002
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3Cited by31 opinions
- Skinner v. SwitzerSupreme Court of the United States · 2011
- Reger v. StateCourt of Appeals of Texas · 2007
- Grier v. KlemCourt of Appeals for the Third Circuit · 2010
- William G. Osborne v. District Attorney's Office for the Third Judicial District Susan A. Parkes Anchorage Police Department Walt MoneganCourt of Appeals for the Third Circuit · 2005
- Curry v. State, Texas Court of Appeals, 1st District (Houston)2005
26 more not listed; retrieve them via the Exa API.