PERRY v. SMITH

No. 86-7225.

810 F.2d 1078 (1987)

Steve Camron PERRY, Plaintiff-Appellant, v. Freddy V. SMITH, Commissioner, J.O. David, Warden, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 23, 1987.


Attorney(s) appearing for the Case

Hess, Atchison & Horne, James E. Atchison, Richard M. Crump, Mobile, Ala., for plaintiff-appellant.

James F. Hampton, McLain & Hampton, Montgomery, Ala., for defendants-appellees.

Before RONEY, Chief Judge, JOHNSON, Circuit Judge, and ESCHBACH, Senior Circuit Judge.


PER CURIAM:

Steve Camron Perry is an Alabama prison inmate serving a life sentence for murder. He claims that his conviction is invalid, under the Due Process Clause, because the jury that convicted him was denied the opportunity to consider charges against him on the lesser included offenses of manslaughter or criminal negligent homicide. The district court found no due process violation and denied habeas corpus relief. We affirm.

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