Does a failure of a state court to instruct on a lesser offence present a federal constitutional question in a federal habeas corpus proceeding?
MultiRegion, United States of America
The following excerpt is from Marrs v. California, No. CIV S-10-0283 GGH P (E.D. Cal. 2011):
The court notes that in a non-capital case, such as the one presented here, the "[f]ailure of a state court to instruct on a lesser offense fails to present a federal constitutional question and will not be considered in a federal habeas corpus proceeding." Bashor v. Risley, 730 F.2d 1228, 1240 (9th Cir.1984) (quoting James v. Reese, 546 F.2d 325, 327 (9th
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