Danny Shears v. Thomas R. Israel

This is an appeal from the denial of a petition for a writ of habeas corpus. For the reasons that follow, we vacate that judgment and remand the case for further proceedings.

I

The petitioner, Danny Shears, was convicted by a Wisconsin state court of two counts of first-degree murder and one count of armed robbery. He subsequently brought a habeas corpus action in district court, arguing that his state trial was unconstitutional on the following grounds: (1) the state's information, which charged him with the three offenses both directly and as a party to a crime under Wis.Stat. § 939.05, did…