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PRATHER v. REES

No. 85-6124.

822 F.2d 1418 (1987)

Robert A. PRATHER, Petitioner-Appellant, v. John REES, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1987.

Rehearing and Rehearing Denied August 19, 1987.

Attorney(s) appearing for the Case

Andrew T. Coiner (argued), Lexington, Ky., for petitioner-appellant.

David Armstrong, Atty. Gen. of Kentucky, Frankfort, Ky., David Smith (argued) Kay Winebrenner, for respondent-appellee.

Before NELSON and RYAN, Circuit Judges, and ENSLEN, District Judge.

Rehearing and Rehearing En Banc Denied August 19, 1987.

RYAN, Circuit Judge.

Petitioner appeals the district court's judgment denying him habeas corpus relief. A jury convicted Prather of attempted armed robbery. He now contends that the Kentucky trial court denied him a fair trial because: (1) the judge refused to instruct the jury on the lesser-included offense of attempted second-degree robbery; and (2) the judge refused to instruct the jury on the defense...

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