Kenneth Williams v. Robert R. Kelly, Warden

TIMBERS, Circuit Judge:

Appellant Robert R. Kelly, Warden of the Deerfield Correctional Center at Ca-pron, Virginia, (“appellant”) appeals from an order entered August 29, 1986 in the Eastern District of Virginia, David G. Lowe, Magistrate, which granted a petition by appellee Kenneth Williams (“appellee”) for a writ of habeas corpus. The magistrate granted the petition on the ground that appellee had been denied effective assistance of counsel at his state criminal trial.

Appellee was convicted of felony murder in a Virginia state court after a bench trial. The prosecution’s evidence at trial…