David Lee Roberts v. Commissioner, Alabama Department of Corrections

David Roberts, an Alabama state prisoner, appeals from the district court’s denial *1088of his 28 U.S.C. § 2254 habeas petition challenging his conviction for capital murder. We issued a Certificate of Appealability on the following three issues: (1) whether Roberts’s trial counsel was ineffective for failing to investigate and/or present evidence to support an insanity defense despite entering a plea of “not guilty and not guilty by reason of insanity”; (2) whether the trial court improperly refused to instruct Roberts’s jury on the lesser included offense of felony murder; and (3) whether the…