Ex Parte Cecil Patterson

Summary

The Court held that when a new indictment relies on a prior conviction that has been voided, the indictment contains a cognizable defect; because the defendant failed to object pre‑trial, the defect is waived by procedural default, and the Court overruled Ex ex parte Nivens. Accordingly, the habeas petition was held in abeyance and the matter was remanded to the trial court to resolve the ineffective‑assistance claim. Separate opinions include a dissent by Judge Meyers, a concurrence by Judge Mansfield addressing laches, and a concurrence/dissent by Judge Baird.