Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-Appellee

GARWOOD, Circuit Judge:

Petitioner-appellee, cross-appellant Joseph Bernard Nichols (Nichols) was convicted of capital murder and sentenced to death. After exhausting his Texas state court remedies, Nichols sought a writ of habeas corpus in the district court below and the court granted relief. Respondent-appellant (Respondent), the director of the Texas Department of Criminal Justice, now appeals to this Court. Nichols cross-appeals the district court’s denial of certain of the remainder of his claims. We affirm in part and reverse the district court’s grant of habeas corpus relief.

Facts and…