Hall v. Cain

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-30844 Summary Calendar __________________ ANDREA HALL, Petitioner-Appellant, versus BURL CAIN, Acting Warden, Louisiana State Penitentiary, Respondent-Appellee. ______________________________________________ Appeal from the United States District Court for the Western District of Louisiana (CA-94-2298) ______________________________________________ April 18, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Andrea Hall appeals from the district court's partial denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. A review of the record supports the magistrate judge's finding that, as to Hall's Louisiana conviction for the attempted second-degree murder of Joe Lewis Atkins, Hall failed to show that his trial attorneys' failure to challenge a defective jury instruction was * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. prejudicial. We affirm for the reasons stated by the district court. See Hall v. Whitley, No. CV94-2298-A (W.D. La July 21, 1995). 2