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BERKLEY v. QUARTERMAN

No. EP-06-CV-111-FM.

507 F.Supp.2d 692 (2007)

William Josef BERKLEY, Petitioner, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

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

August 24, 2007.

Attorney(s) appearing for the Case

Cori Ann Harbour, The Harbour Law Firm, P.C., Leon Schydlower, Louis E. Lopez, Attorneys at Law, El Paso, TX, for Petitioner.

Gena Blount Bunn, Office of the Texas Attorney General, Habeas Division, Tomee Morgan Heining, Office of the Attorney General, Capital Litigation Division, Austin, TX, for Respondent.

MEMORANDUM OPINION AND ORDER

MONTALVO, District Judge.

Petitioner William Josef Berkley filed this federal habeas corpus action pursuant to Title 28, United States Code, Section 2254, collaterally attacking his otherwise final, April, 2002, El Paso County conviction for capital murder and sentence of death. For the reasons set forth in detail below, petitioner is entitled to neither federal habeas corpus relief nor a Certificate of Appealability from...

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