Gray v. Lynn

BARKSDALE, Circuit Judge:

Dewey Spencer Gray’s appeal from the denial of habeas relief turns on whether his counsel’s failure to object to a jury instruction, conceded by the State to be erroneous as to an element of the charged offense (attempted murder), constituted ineffective assistance of counsel. Concluding that it was, we REVERSE the denial of the application.

I

On the evening of January 27, 1979, Sammy James and Patricia Gaston 2 were in bed at James’ residence. 3 The bedroom door opened directly onto the front porch; and at about 9:00 p.m., someone knocked on the door. When James went…