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REMBERT v. DUGGER

No. 86-3535.

842 F.2d 301 (1988)

Johnny Lee REMBERT, Petitioner-Appellant, v. Richard L. DUGGER, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 15, 1988.

Attorney(s) appearing for the Case

John Newton, Tallahassee, Fla., for petitioner-appellant.

Patricia Conners, Edward C. Hill, Jr., Asst. Attys. Gen., Tallahassee, Fla., for respondents-appellees.

Before HILL and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

Johnny Lee Rembert, a Florida prisoner, alleges constitutional error in the state trial court's refusal to instruct the jury on the lesser offenses included in his first degree murder charge. The district court denied habeas corpus relief and we affirm.

Rembert was indicted on September 27, 1983, for first degree murder and for attempted armed robbery committed on June 25, 1976. The trial court granted Rembert's motion to dismiss the...

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