No. 86-7875.

877 F.2d 1518 (1989)

Jerome PELMER, a/k/a Jerry Jones, Petitioner-Appellant, v. J.D. WHITE, Warden, and Don Siegelman, the Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 24, 1989.

Attorney(s) appearing for the Case

Philip E. Holladay, Jr., King & Spalding, Atlanta, Ga., for petitioner-appellant.

Don Siegelman, Atty. Gen., Jean Williams Brown, Beth J. Hughes, James B. Prude, Asst. Attys. Gen., Montgomery, Ala., for respondents-appellees.

Before HILL and EDMONDSON, Circuit Judges, and ATKINS, Senior District Judge.

EDMONDSON, Circuit Judge:

Jerome Pelmer a/k/a Jerry Jones shot and killed Billy Ray Norwood during a struggle. Although Pelmer was charged with intentional murder only, the trial judge — without objection — instructed the jury on reckless murder also. On direct appeal the Alabama Court of Criminal Appeals affirmed the conviction holding that the evidence was sufficient to convict, that the trial court did not err by failing to charge on a lesser included...

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