Means
Means v. Horel
Opinion
Opinion
Breyer, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
Petitioner Richard Lee Means seeks a writ of habeas corpus based on various grounds, including his trial counsel’s repeated and inexplicable failure to object to highly incriminating hearsay testimony that the trial court had previously ruled was inadmissible. The state court’s determination that such conduct was not ineffective assistance of counsel is contrary to, or an unreasonable application of, the clearly established federal law articulated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Accordingly, after carefully considering the parties’ arguments and the entire record, the Court GRANTS the petition.
I. BACKGROUND AND PROCEDURAL HISTORY
This case stems from an April 25, 2005 shooting at an apartment complex where Petitioner lived with his family. Pet. Supp. Br. at 4. The victim, Damon Pearson, was at the complex attending a family party when he was shot. Id. at 5. When the police arrived at the scene following the shooting, bystanders told police that “Richard” or the person in apartment 103, was the shooter. Id. at 6.