DeMOSS, Circuit Judge:
On December 4, 2000, this Court issued an opinion which held that Mark Robertson, petitioner, was not entitled to a Certificate of Appealability (COA) on (i) his claim that due process required instruction at trial on the lesser included offense of murder, nor (ii) on his claim that the trial court's jury instructions failed to provide an adequate vehicle for consideration of his constitutionally relevant mitigating evidence. Petitioner applied...
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