John R. Bennett v. Gene Scroggy

CORNELIA G. KENNEDY, Circuit Judge.

John Bennett, petitioner-appellant, appeals from the District Court’s denial of his petition for writ of habeas corpus. Appellant claims that in his murder trial, the state court erred in: (1) refusing to instruct the jury on two lesser included offenses, and (2) refusing to grant a continuance so that appellant could secure the attendance of a witness who would have testified favorably to him. Appellant claims that the first error violated his fourteenth amendment right to due process and that the second error violated his sixth amendment right to…