Gary Leon Riley v. Donald Wyrick, Warden

HEANEY, Circuit Judge.

Gary Leon Riley appeals from the district court’s 1 denial of his petition for a writ of habeas corpus. Riley contends that the state court denied him a fair trial by refusing to rehear his motion to suppress evidence when he was granted a new trial. Riley also argues that his trial counsel was ineffective in not objecting to the admission of the seized evidence at trial and consequently forfeiting appeal of the suppression ruling. For the reasons discussed below, we reverse the district court’s judgment and remand with directions to issue the writ of habeas corpus…