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

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that Texas’s special issue on future dangerousness allowed jury to give a mitigating effect to the petitioner’s nontrig-german status
• finding unexhausted claims would be barred by Texas’ contemporaneous objection rule, thus precluding federal review
• finding that counsel was not ineffective for failing to request an anti-parties instruction prior to Enmund because “it was not clearly established Texas or federal law that such an instruction, if requested, was required”
• applying Anderson in a capital habeas case where the state court “adopted verbatim the [S]tate’s proposed findings of fact and conclusions of law”
• finding several unexhausted claims would be barred by the Texas contemporaneous objection rule; thus, federal habeas corpus review was procedurally barred
• collecting and citing the “considerable authority that judicial estoppel does not apply in favor of one who was not a party to the prior proceeding in which the inconsistent position was taken”

Source: CourtListener parenthetical corpus (CC0).