Robert Allen, Cross-Appellant v. T.L. Morris, Cross-Appellee

KRUPANSKY, Circuit Judge.

Respondent-appellant, cross-appellee T.L. Morris, Superintendent of the Southern Ohio Correctional Facility, appealed from the district court’s order granting petitioner-appellee, cross-appellant Robert Allen’s (Allen) petition for a writ of habeas corpus in this action commenced pursuant to 28 U.S.C. § 2254. Allen cross-appealed from the district court’s rejection of his asserted alternative theories for issuance of the writ.

This case involved a brutal murder as disclosed by the following facts. On the evening of July 23, 1979, Allen and Bruce Karp (Karp) telephoned…