Hart

James Thomas Hart appeals the district court’s denial of his petition for a writ of habeas corpus. Although Hart has now completed sexwing his sentence, he filed his petition in January 1996 while still in prison. Because we find that Hart received ineffective assistance of counsel when his trial attorney failed to investigate and introduce evidence central to petitioner’s defense, we reverse.

I.

BACKGROUND

In an information filed on August 29, 1990, Hart was charged with molesting his daughter, Jennifer, during their visits to the R-Ranch camping resort between September, 1986 and August, 1987. 2 At trial, the prosecution relied primarily on Jennifer’s testimony. Jennifer told the juiy that between September, 1986 and August, 1987, she had been molested by her father, but only during visits to the R-Ranch. Most significantly, Jennifer testified specifically that Hart never molested her during visits on which he was accompanied by another adult.

Deanne Kendall testified on behalf of the defense. She stated that during the period from September 1, 1986 to September 1, 1987, she was dating Hart and that she accompanied him every weekend he took his children, Jennifer and her…