Richard Wayne Terry v. John W. Potter, Judge

ENGEL, Circuit Judge.

Petitioner Richard Terry appeals the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254. We reverse.

I

Terry was convicted in a Kentucky circuit court of the wanton murder of his brother-in-law, Abraham King. The incident occurred soon after the death of Terry’s sister, for which Terry apparently blamed King. Terry and King were both in Terry’s mother’s house, and Terry shot King at close range in. the back of the head. According to Terry, the shooting was in self-defense because King had pulled out the gun.

The indictment charged that…