Henry GRISBY, Petitioner-Appellant, v. James BLODGETT, Respondent-Appellee

SCHWARZER, Senior District Judge:

FACTUAL BACKGROUND

On March 1, 1978, Raymond Frazier bought some heroin from Michael Walker and Kip Johnson, who lived together in Walker’s apartment. Frazier claimed that the heroin made him sick. He called petitioner Henry Grisby, asked him to accompany him to Walker’s apartment, and told him to take “protection.” Grisby borrowed a snub-nosed .38 “special.” The next day Frazier and Grisby went to the Walker apartment to talk about the bad heroin. Six people lived in the apartment: Michael and Myra Walker, their two children, Joynoice and Earnest, Kip Johnson,…