Larry K. Barnard v. C. Murray Henderson, Warden, Louisiana State Penitentiary

BROWN, Chief Judge:

In this appeal of a habeas denial Larry Barnard attacks his Louisiana murder conviction because a witness with crucial testimony on his behalf was excluded due to her inadvertent violation of the rule regarding sequestration of witnesses and because he was denied the opportunity to have his own ballistics expert examine the alleged murder weapon. We reverse.

Barnard was convicted by a jury of the April 6, 1972 murder of Rex Emile Lanier. The Supreme Court of Louisiana affirmed. State v. Barnard, La., 1973, 287 So.2d 770. At the trial Kenneth Hooper, the bouncer at Rick’s…