United States Ex Rel. Lynch v. Sandahl

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Petitioner Steven Lynch is before this court for the second time seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently, Lynch’s sole contention is that he was denied due process of law because the instructions given to the jury at trial allowed the jury to return a verdict of murder despite findings that should have resulted in a verdict of voluntary manslaughter. Respondent David Sandahl, Warden of the Shawnee Correctional Facility, has answered the petition and now moves to dismiss for failure to exhaust available state…