NICHOLS v. HEIDLE

No. 06-6495.

725 F.3d 516 (2013)

Harold Wayne NICHOLS, Petitioner-Appellant, v. Stanton HEIDLE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 25, 2013.

Rehearing and Rehearing En Banc Denied September 5, 2013.


Attorney(s) appearing for the Case

ARGUED: Dana C. Hansen Chavis , Federal Defender Services Of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellant. James E. Gaylord , Office Of The Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Dana C. Hansen Chavis , Federal Defender Services Of Eastern Tennessee, Inc., Knoxville, Tennessee, for Appellant. Mark A. Fulks , Office Of The Attorney General, Nashville, Tennessee, for Appellee.

BATCHELDER, C.J., delivered the opinion of the court, in which COOK, J., joined. MARTIN, J. (p. 60), delivered a separate concurring opinion.


OPINION

ALICE M. BATCHELDER, Chief Judge.

Petitioner Harold Wayne Nichols, a Tennessee state prisoner awaiting execution, appeals on several grounds the district court's denial of his petition for writ of habeas corpus. Finding no merit in any of these grounds, we AFFIRM.

I.

A. Background

By any measure, Wayne Nichols had an oppressive and forlorn childhood, due to his father's abuse, his mother's illness, their poverty...

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