David Earl Wilson v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary at Angola, Louisiana

ALVIN B. RUBIN, Circuit Judge:

The petitioner was convicted of first-degree murder in a Louisiana court and sentenced to death. He appeals the district court’s denial, without a hearing, of his petition for a writ of habeas corpus, and presents the same claims for relief argued in the district court and in state courts. We hold that the district court should have held an evidentiary hearing on the issue of ineffectiveness of counsel at the sentencing phase of the trial because the petitioner alleges, proffering evidentiary support, that his trial lawyer failed to investigate and present the…