Nichols v. Scott

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 92-2720 JOSEPH BENNARD NICHOLS, Petitioner-Appellee, Cross-Appellant, versus WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant, Cross-Appellee. Appeals from the United States District Court for the Southern District of Texas November 20, 1995 Before GARWOOD, JONES and EMILIO M. GARZA, Circuit Judges. GARWOOD, Circuit Judge: Petitioner-appellee, cross-appellant Joseph Bennard Nichols (Nichols) was convicted of capital murder and sentenced to death. After exhausting his Texas…