Walter Herron v. John M. Ratelle, Warden

990 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Walter HERRON, Petitioner-Appellant, v. John M. RATELLE, Warden, Respondent-Appellee. No. 92-56107. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 2, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Walter Herron, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for second degree murder. Herron contends that the trial court violated his right to due process by refusing to instruct the jury on the lesser included offense of voluntary manslaughter. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and affirm. 3 To succeed on a claim of improper jury instructions, a habeas petitioner must show that the improper instructions infected the entire trial to such an extent as to…