Robert Earl McCoy v. Larry Norris, Director, Arkansas Department of Correction

BOWMAN, Circuit Judge.

Larry Norris, Director of the Arkansas Department of Correction (the state 1 ), appeals from the judgment of the District Court granting Robert Earl McCoy’s petition for a writ of habeas corpus. We reverse.

McCoy is serving a forty-year sentence of imprisonment that was imposed upon him as a habitual offender following his November 1986 conviction for rape. In a bench trial (McCoy waived his right to trial by jury), the victim testified that in the early morning hours of April 5, 1986, she was sleeping with her seven-month-old son on a mattress on the floor in the living…