Ivie Bowen v. Dale Foltz

WELLFORD, Circuit Judge.

Petitioner1 was tried along with three co-conspirators on three counts of first degree felony murder arising from his role as organizer of an October 1, 1974, robbery that resulted in the deaths of Joseph, Salvatore, and Michael Biondo. Lanetia Avereyette,2 who accompanied petitioner in the getaway car, later turned state’s evidence, and testified that prior to the robbery attempt petitioner picked up Leatherwood, Irby, and Peters, the three co-conspirators, and drove with them to the store. She saw petitioner go into the market and return shortly thereafter telling…