Dist.Ct. erred in denying defendant’s habeas petition that challenged his kidnapping and rape convictions on ground that his trial counsel was ineffective for failing to interview five individuals, who, according to defendant, could have corroborated his claim that he and alleged victim had engaged in consensual sex. State court that examined said issue failed to conduct evidentiary hearing to determine what efforts counsel made to interview said individuals, and what they would have said stated at trial beyond what was contained in their affidavits for purposes of determining whether trial counsel was ineffective. As such, remand was required because Dist. Ct.failed to conduct such hearing.
