Frederick Douglas Weaver v. Dan v. McKaskle Acting Director, Texas Department of Corrections

RANDALL, Circuit Judge:

In this habeas corpus proceeding, we are called upon to decide if the district court properly denied relief because of the appellant’s failure to comply with the applicable state contemporaneous objection rule. For the reasons that follow, we affirm.

I. Factual and Procedural Background.

The appellant, Frederick Weaver, was convicted of aggravated robbery in 1977 in Texas state court. At the punishment phase of the trial, the prosecution introduced evidence of two prior convictions, one from Illinois in 1960 for automobile theft, and one from Kansas in 1965 for robbery. 1…