Robert Grady Johnson v. Ron Champion

BRISCOE, Circuit Judge.

Petitioner Robert Grady Johnson, an Oklahoma state prisoner serving four consecutive life sentences for four counts of first degree felony murder, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition. We exercise jurisdiction pursuant to 28 U.S.C. § 1291, reverse the judgment of the district court, and remand with instructions to grant conditional habeas relief to Johnson.

I

On December 14,1984, during a robbery at the First Bank of Chattanooga in Ger-ónimo, Oklahoma, three bank employees and one bank customer were killed. Three other bank…