Respondent Gary C. Mohr, a warden for the State of Ohio, appeals from the district courts grant of a conditional writ of habeas corpus to petitioner Robert W. Carpenter. The district court held that Carpenters appellate counsel on direct appeal in state court was ineffective for failing to raise a sufficiency of the evidence claim, and ordered that the state court reinstate Carpenters appeal within ninety days or a writ of habeas corpus would be issued. Carpenter cross-appeals from the district courts decision not to decide his remaining habeas claims. For the reasons stated herein, we affirm the district courts determination that Carpenter established cause for procedurally defaulting his insufficient evidence claim. However, we remand the case for issuance of a writ of habeas corpus conditioned upon the state court granting Carpenter a new culpability hearing.
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