James E. Tosh v. A.L. Lockhart, Director, Arkansas Department of Correction

WOLLMAN, Circuit Judge.

On January 15,1988, we heard oral argument on Tosh’s appeal from the district court’s denial of his petition for writ of habeas corpus. Concluding that Tosh should have been afforded an evidentiary hearing on his petition, we remanded the case to the district court with direction to vacate the judgment dismissing the petition, to appoint counsel, to grant a hearing, and to certify its findings and conclusions to this panel, which retained jurisdiction. The district court referred this matter to a magistrate, who conducted a hearing on September 7,1988, and thereafter…