James Earl Hines v. J. J. Enomoto, Director, California Department of Corrections, Respondent

J. BLAINE ANDERSON, Circuit Judge:

James Earl Hines, currently incarcerated in a California state prison, appeals the judgment and order of the district court dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We affirm in part and reverse and remand in part for an evidentiary hearing.

I. BACKGROUND

Hines was convicted in 1976 in a California state court on charges of kidnapping for the purpose of robbery, assault with a deadly weapon, and attempted robbery. The convictions arose out of a robbery allegedly attempted by Hines and an unidentified confederate during which a…