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HOUSTON (AP) — The U.S. Supreme Court has refused to review an appeal from a 41-year-old man on death row for attacking a newlywed couple on a North Texas jogging trail 23 years ago, killing the husband and raping the wife.

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The high court issued no comment in the case of Alvin Braziel. His attorneys had argued trial lawyers were deficient for not presenting sufficient mitigating evidence during the punishment phase of Braziel’s 2001 murder trial in Dallas.

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Braziel was condemned for a 1993 failed robbery attempt where 27-year-old Douglas White was shot dead and White’s wife of 11 days was raped. The attack occurred on a trail encircling Eastfield College in Mesquite.

Braziel was in prison for sexual assault of a child when DNA tests linked him to the slaying.

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