No. 92-2720.

69 F.3d 1255 (1995)

Joseph Bennard NICHOLS, Petitioner-Appellee, Cross-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

November 20, 1995.

Attorney(s) appearing for the Case

John Jacks, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellant.

Michael Kuhn, Bracewell & Patterson, Mark Maney, Wynne & Maney, Houston, TX, for appellee.

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 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...

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