Huy Tran v. Kelly Harrington

MEMORANDUM

Huy Trong Tran was convicted of numerous charges, including attempted first degree murder and attempted voluntary manslaughter, following a series of violent confrontations between Tran, his ex-girlfriend (Michelle Ho), and his ex-girlfriend’s new boyfriend (Antonio Hernandez). Tran appeals the district court’s order dismissing his 28 U.S.C. § 2254 ha-beas corpus petition. He argues the state court unreasonably denied his claim that his trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), by failing to retain an expert to testify that Tran’s methamphetamine use prevented him from formulating the required intent for attempted murder and attempted voluntary manslaughter. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s order.

We “review de novo a district court’s decision to deny a habeas petition brought under 28 U.S.C. § 2254 .” Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). Here, the district court correctly concluded that Tran’s ineffective assistance of counsel claim was denied on the merits. The writ will not issue unless “there is no possibility fairminded…