There is no clearly established Supreme Court law holding that a defendant has a constitutional right to an instruction on a lesser included offense. Cf. Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980) (<HOLDING>). Ruiz’s state court conviction thus has not
holding that due process does not require a lesser included offense instruction of manslaughter where not requested holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime holding that a lesser included offense instruction might be constitutionally required in capital cases because of their unique nature holding that beck requires that a lesser included offense instruction be given when the evidence warrants such an instruction as a matter of due process in a capital case holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense