Lattimore v. Dubois

MEMORANDUM AND ORDER

GERTNER, District Judge.

TABLE OF CONTENTS

I. INTRODUCTION .71

TT. FAfTTK .73 I ■

A. Trial Summary. CO t-

B. Procedural History. £•*

1. The Trial . N1 t-

2. Post Conviction. lo

III. ANALYSIS. -q -q

A. Introduction.. -q -<r

B. Were Lattimore’s Claims Procedurally Barred?. ~q <i

1. Was the manslaughter instruction claim procedurally defaulted under state law?. ~q -q

2. Was the procedural default the basis for the state court’s denial of relief?. 00

3. Was there a cognizable excuse for the default and did the failure to consider the claim prejudice the defendant (“cause and prejudice”)? .…