Lon Walker v. Jim Morrow

CLAY, Circuit Judge.

Petitioner Lon S. Walker, a state prisoner in Tennessee, appeals an order denying his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he challenged his conviction for second-degree murder. For the reasons set forth below, we REVERSE the district court’s order.

STATEMENT OF FACTS

I. Factual Background

James “Howard” Harp and two cohorts, Stacey Patzer and Walker, were all highly intoxicated when Howard was shot on Saturday, October 14, 1995. That morning, Howard and his brother, Jerry, visited a mobile home belonging to Walker, with whom the Harp…