Victor Trillo v. Martin Biter

AMENDED OPINION

OPINION

After Victor Trillo was convicted of second-degree murder by a trial court of the State of California, his conviction affirmed by the California Court of Appeal, and his state collateral remedies exhausted, he filed this habeas petition pursuant to 28 U.S.C. § 2254 . The district court denied the petition. Trillo appealed. We granted a certificate of appealability on three issues: “(1) whether the prosecutor [in Tril-lo’s trial] committed prejudicial misconduct during closing argument; (2) whether trial counsel was constitutionally ineffective for failing to object to additional closing remarks made by the prosecutor; (3) wheth er the trial court violated petitioner’s Sixth Amendment right to present a meaningful defense by excluding testimony regarding a statement made by a witness to the victim which might have corroborated petitioner’s theory of defense.” We have jurisdiction over this timely filed appeal under 28 IT.S.C. §§ 2253, 2254, and 1291. We affirm.

I.

Trillo was at a party with several friends. Two individuals at the party got into a fist fight. Confusion and yelling followed. Several men took off their shirts and began fighting. Trillo had…