Robertsson

MEMORANDUM **

Thule Thor-Sven Robertsson appeals the denial of his habeas corpus petition. Robertsson argues the jury instructions in his capital murder trial were defective because they required unanimity acquittal on the more serious charge before the jury could examine the lesser included offenses. The district court found no violation and denied his petition. This court agrees that Robertsson’s petition for habeas corpus should be denied.

Robertsson argues that under Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), the jury instructions were an unreasonable application of clearly established federal law and his petition should be granted. In Beck the Supreme Court struck down an Alabama law that prohibited jury instructions on lesser included offenses. The Court in Beck stated,

Id. at 637 , 100 S.Ct. 2382 .

Here the jury was provided with a narrowed third option of convicting Roberts-son on a lesser included offense only if they unanimously acquitted him of the capital crime. This court need not determine if the jury instructions were an unreasonable application of clearly established federal law because even if there was error it did not have a…