Ex Parte Mark Stephen Nailor, Appellant

Summary

The Court of Criminal Appeals affirmed the Fourteenth Court of Appeals, holding that (1) ineffective‑assistance claims previously rejected on direct appeal cannot be relitigated on habeas corpus without new evidence, (2) counsel was not ineffective for relying on a defensive theory not raised by the evidence, and (3) counsel was not ineffective for failing to object to a lay officer’s opinion testimony on an ultimate issue.