Robert Mitzel v. Arthur Tate, Warden

OPINION

MOORE, Circuit Judge.

Petitioner Appellant Robert Mitzel (“Mitzel” or “petitioner”) appeals the district court’s denial of his petition for a writ of habeas corpus. We granted a certificate of appealability (“COA”) with respect to three issues:

1) whether the trial court improperly admitted into evidence statements made by Mitzel to police;

2) whether the trial court improperly failed to give a jury instruction on aiding and abetting a suicide; and

3) whether Mitzel’s trial counsel rendered ineffective assistance by not requesting a jury instruction on aiding and abetting suicide.

We now…