James Richard Terrovona v. Larry Kincheloe

Terrovona, a Washington state prisoner, appeals pro se the district court’s denial of his habeas corpus petition seeking relief from a first degree murder conviction. We affirm in part and remand in part.

FACTS AND PROCEEDINGS

On February 26, 1984 at about 8:15 p.m., Terrovona’s stepfather, Gene Patton, received a telephone call at his home. Patton told his girlfriend that the phone call was from Terrovona, who had apparently run out of gas on 116th Street in Marysville, Washington and wanted his assistance. Patton left to help Terrovona.

At about 8:30 p.m. a passerby found a body lying alongside a car on 116th Street. Shortly after 9:00 p.m., the decedent was identified by police officers as Patton, who had been severely beaten and shot. The officers also observed what appeared to be a fairly recent tire tread impression on the shoulder of the road just in front of the car; they concluded that the tread was not from the decedent’s car and took a plaster cast of the impression.

At approximately 9:15 p.m. a police lieutenant arrived on the scene and suggested Terrovona as a suspect because (1) it was “common knowledge” at the precinct that there was bad blood between Terrovona…