[DOWNLOAD] "Lucas v. O''dea" by Sixth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Lucas v. O''dea
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 05, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 99a0086p.06 Argued (97-6047) and Submitted (97-5907): December 18, 1998 OPINION In 1988, a jury trial in the Circuit Court of Meade County, Kentucky resulted in Larry S. Lucas's being convicted on two counts of first-degree robbery, one count of wanton murder, and one count of being a persistent felony offender in the first degree. These convictions arose out of the armed robbery of a pawn shop by Lucas and two other men, during which the shop's owner was shot and killed. Lucas was sentenced to 180 years of imprisonment for the murder, 100 years of imprisonment for the robbery of the shop owner, and 50 years of imprisonment for the robbery of a customer. This matter is now before us as a result of the petition for a writ of habeas corpus that Lucas filed in the United States District Court for the Western District of Kentucky pursuant to 28 U.S.C. § 2254. The district court denied all of his claims but one. It granted relief on the claim that a fatal variance existed between Lucas's indictment and the jury instruction on the murder charge. The district court held that this amounted to a constructive amendment to the indictment, in violation of his Fifth Amendment right to be convicted only on the charges presented by the grand jury.

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