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Lawrence Arnold v. Dave Dormire, Superintendent; Chris Koster

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Submitted: September 23, 2011

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

Lawrence Arnold was convicted of attempted escape from confinement, kidnapping, and armed criminal action. He appeals the district court’s denial of his*fn1 petition for habeas corpus relief on two grounds. First, he contends that he was denied effective assistance of counsel at his trial because of trial counsel’s failure to request a jury instruction on false imprisonment as a lesser-included offense. Second, he argues that he is entitled to habeas review of claims that were not preserved on his post-conviction appeal, because the systematic failure of Missouri’s public defender system is “cause” to excuse the procedural default. We affirm.

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