Terry Brian Tower v. O.J. Phillips

JOHNSON, Senior Circuit Judge:

This case arises on appeal following the district court’s order denying and dismissing the petition for writ of habeas corpus of petitioner-appellant Terry Brian Towler. 1 For the reasons that follow, we vacate the district court’s decision and remand the case to the district court for an evidentiary hearing.

I. STATEMENT OF THE CASE

A. Background, Facts

In November 1981, Towler, then age 19, was in a Florida jail facing three informa-tions containing various state felony charges against him. The informations charged Towler with at least three life felonies…