Mark Henry Lankford v. Arvon J. Arave, Warden, Idaho State Correctional Institution

BYBEE, Circuit Judge:

In this pre-AEDPA case, we are called upon to review counsel’s performance in a twenty-two year old capital murder trial. Finding that the record is clear that counsel requested critical jury instructions that were correct under federal law but clearly in error under Idaho law and that the error was not harmless, we reverse the judgment of the district court and grant the writ.

I. FACTS AND PROCEEDINGS

Robert and Cheryl Bravence were reported missing when they failed to arrive at a relative’s house following an extended camping trip in the summer of 1983. One week later,…