No. 96-1441.

140 F.3d 707 (1998)

William D. ROBERTSON, Petitioner-Appellant, v. Craig HANKS, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 30, 1998.

Attorney(s) appearing for the Case

William D. Robertson, Greencastle, IN, Petitioner-Appellant pro se.

Robert L. Collins (argued), Jeffrey A. Modisett, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Allen E. Shoenberger, pro se, Donald O'Brien (argued), Loyola University School of Law, Chicago, IL, for Amicus Curiae.

Before ESCHBACH, MANION, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

William D. Robertson, an Indiana prisoner serving concurrent prison terms totaling 35 years for three counts of "dealing cocaine," filed a pro se petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254.1 On appeal, Robertson raised the following issues in his original brief: (1) whether the state trial court violated his due process rights when it refused to instruct the jury on a lesser included...

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