Lewis Andrew Flagler v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Lewis Andrew Flagler appeals from a denial of his petition for a writ of habeas corpus in the United States District Court for the Southern District of Florida. The sole issue on appeal is whether Flagler, in his state criminal trial for robbery, was denied due process of law and the right to a meaningful trial by jury because the state trial judge failed to instruct the jury on the lesser included offense of larceny. Flagler concedes that there was no evidentiary basis for such a charge, that no such charge was requested and that his counsel did not object to the court’s failure to include a…