Nichols v. Heidle, No. 06-6495 (6th Cir. 2013)
Annotate this CaseNichols, a Tennessee state prisoner awaiting execution, had an “oppressive and forlorn childhood, due to his father’s abuse, his mother’s illness, their poverty, and the church-dominated society into which he was born” in 1960. Nichols graduated high school; he enlisted in the Army in 1981. He was discharged two years early. In 1984, he pled guilty to burglary and assault with attempt to rape. A psychological report found nothing remarkable. He married and had a stable relationship. In 1987 Nichols returned to jail for a prowling conviction and parole violation. He was released and returned to his wife and job. He began disappearing at night. Following rapes or attempted rapes of 12 women (Pulley died as a result) in 1988-1989, police received an anonymous tip identifying Nichols. Police showed photo-arrays to four victims, each of whom identified Nichols immediately. Nichols waived counsel and Miranda rights and videotaped a confession to four rapes. After being allowed to sleep, Nichols confessed to other rapes. Additional victims identified Nichols. Nichols directed a detective to recover the board used to murder Pulley. Nichols’s wife stated that Nichols had confessed to her. A Ph.D. and an M.D. found Nichols competent to stand trial. State courts rejected his appeals and petitions for post-conviction relief. In 2005 DNA testing confirmed Nichols as the source of sperm on Pulley’s clothing. The district court rejected his federal habeas petition. The Sixth Circuit affirmed, rejecting a claim of ineffective assistance and multiple procedural arguments.
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