Espinoza

MEMORANDUM

Samuel Espinoza appeals the denial of his habeas corpus petition challenging his state conviction for second-degree murder. This court granted a certificate of appeala-bility limited to two issues: (1) whether Espinoza’s due process rights were violated when the trial court misadvised the jury regarding the elements of voluntary manslaughter, and (2) whether there was insufficient evidence to convict him of second-degree murder. 28 U.S.C. § 2253 (c)(3). Both issues concern state law and were thoroughly analyzed and decided by the California Court of Appeal with review denied by the California Supreme Court.

Because state-court factual determinations “are presumed correct absent clear and convincing evidence to the contrary ... a decision adjudicated on the merits in state court and based on a factual determination will not be overturned on factual grounds unless objectively unreasonable in light of the evidence presented in the state-court proceeding.” Miller-El v. Cockrell, 537 U.S. 322, 340 , 123 S.Ct. 1029 , 154 L.Ed.2d 931 (2003) (citations omitted). The district court determined that Espinoza was not entitled to federal habeas corpus relief because the state…