103501P.pdf   04/03/2012  Lawrence Arnold  v.  Dave Dormire
   U.S. Court of Appeals Case No:  10-3501
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Wollman, Author, with Bye and Shepherd, Circuit Judges]
   Prisoner case - habeas. Missouri courts's determination that Arnold was
   not entitled to a lesser-included offense instruction would not be second-
   guessed, and counsel was not ineffective for failing to request an
   instruction to which Arnold was not entitled; even if the failure to give
   such an instruction was error, it was not a fundamental defect in the
   proceedings because the Supreme Court has never held that there is a
   constitutional requirement that lesser-included offense instructions be
   given in noncapital cases; other claims were procedurally defaulted and
   Arnold's argument that his failure to present them stemmed from systemic
   failure of the Missouri public defender system is rejected.