Court of Appeals for the Fifth Circuit January 17, 2002, 00-10512 (Mark Robertson v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division)

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.

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