Clay Anthony Ford v. Larry Norris, Director, Arkansas Department of Correction

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an appeal from an order granting a petition for habeas corpus to a state prisoner. See 28 Ü.S.C. § 2254. Because we conclude that the district court incorrectly applied the controlling law in this case, we reverse.

I

In 1980, Clay Ford shot and killed Sergeant Glen Bailey of the Arkansas State Police. After Mr. Ford was tried, found guilty of capital murder, and sentenced to death, we upheld the federal district court’s decision overturning the conviction on collateral review. See Ford v. Norris, 67 F.3d 162, 163-64 (8th Cir.1996). On retrial, Mr.…