Robert Lonberger v. Arnold R. Jago, Superintendent Southern Ohio Correctional Facility

JOHN W. PECK, Senior Circuit Judge.

Pursuant to the United States Supreme Court’s order of April 20, 1981,-U.S. -, 101 S.Ct. 1967, 68 L.Ed.2d 290, we now further consider this case in light of Sumner v. Mata, 449 U.S. 764, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981), a decision rendered after our opinion herein of December 1, 1980, 635 F.2d 1189. Sumner requires that a federal court must explain, in a decision rendered in a habeas corpus suit, its reasons for departing from findings of fact made by a state court after a hearing to which the habeas petitioner was a party.

The relevant facts are as…