Ernest James Lombard, Jr. v. James A. Lynaugh, Director, Texas Department of Corrections

GARWOOD, Circuit Judge:

Petitioner-appellant Ernest James Lombard, Jr. (Lombard), a Texas prisoner, appeals the district court’s denial of his petition for habeas corpus relief under 28 U.S. C. § 2254. For the reasons set forth below, we reverse the district court’s denial of Lombard’s petition and remand with instructions to grant relief.

Facts and Proceedings Below

Lombard was charged in a Texas court with the October 4,1971 robbery by assault of Iva Kennedy (Kennedy). In 1973, Lombard entered a plea of not guilty and his case was set for trial by jury. At the commencement of voir dire, the…