Richard William Kutzner v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding Brady does not obligate the State to supply the defense with exculpatory evidence that is fully available through the exercise of reasonable diligence
• considering an appeal from an unauthorized successive § 2255 motion to be a request for authorization to file a successive § 2255 motion, and denying the request because it did not “meet the successive petition requirements of” § 2244(b)
• \[t]he fingernail scrapings and one of the hairs were disclosed to Kutzner before [the criminal] trial\
• “Brady does not obligate the State to furnish a defendant with exculpatory evidence that is fully available to the defendant through the exercise of reasonable diligence.”
• “[D]ue process is not implicated by the prosecution’s introduction or allowance of false or perjured testimony unless the prosecution actually knows or believes the testimony to be false or perjured.”
• requiring proof of actual knowledge

Source: CourtListener parenthetical corpus (CC0).