Taryn Christian v. Clayton A. Frank

MEMORANDUM

Petitioner-appellee-cross-appellant Tar-yn Christian seeks a certificate of appeala- bility for two additional grounds upon which he contends that he is entitled to habeas relief pursuant to 28 U.S.C. § 2254 . Christian argues that he is entitled to a writ of habeas corpus because he was allegedly deprived of his constitutional right to testify on his own behalf at his criminal trial. Christian insists that habe-as relief is also warranted because he allegedly received ineffective assistance of counsel during his criminal trial.

We have jurisdiction under 28 U.S.C. § 1291 , and we deny Christian’s petition for a certificate of appealability. Christian has not made a “substantial showing” that he was denied a constitutional right. 28 U.S.C. § 2253 (c)(2).

I

The district court adopted the magistrate judge’s findings and recommendations, which held that the Hawaii trial court’s refusal to allow Christian to testify at his trial was not contrary to clearly established federal law. Christian has not demonstrated that a court could reach a different result regarding his claim that he was unconstitutionally denied his right to testify at his trial.

The right of an accused…