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ORTIZ v. LIVINGSTON

No. EP-03-CA-026-DB.

420 F.Supp.2d 670 (2006)

Ricardo ORTIZ, Petitioner, v. Brad LIVINGSTON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent.

United States District Court, W.D. Texas, El Paso Division.

March 15, 2006.

Attorney(s) appearing for the Case

Robin R. Norris, Jr., El Paso, TX, Matthew DeKoatz, El Paso, TX, for Petitioner.

Ellen Stewart-Klein, Office of Attorney General, John Andrew Hutton, Tex. Atty. Gen., Austin, TX, for Respondent.

MEMORANDUM OPINION & ORDER

BRIONES, District Judge.

Before the Court is Petitioner Ricardo Ortiz's ("Ortiz") federal petition for habeas corpus relief, filed through counsel on February 9, 2004. Therein, Ortiz attacks his state conviction and death sentence for the capital murder of Gerardo Garcia ("Garcia"), pursuant to Texas Penal Code § 19.03(a)(2).1 After carefully considering the record below and the Parties...

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