ROBERTSON v. JOHNSON

No. 00-10512.

234 F.3d 890 (2000)

Mark ROBERTSON, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 4, 2000.


Attorney(s) appearing for the Case

Randy Schaffer, Schaffer & Henley, Houston, TX, for Petitioner-Appellant.

Kristen Alline Bates, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.


DeMOSS, Circuit Judge:

Petitioner Mark Robertson moves this Court for a certificate of appealability with respect to the district court's dismissal of his 28 U.S.C. § 2254 claims that his Texas state capital conviction was secured in violation of his Eighth and Fourteenth Amendment rights. Robertson seeks COA on two issues, both of which relate to the instructions given to the jury by the state trial court. Robertson first claims that the state trial court's...

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