Stewart

MEMORANDUM *

Appellant Lavell Stewart appeals the district court’s denial of his habeas petition under 28 U.S.C. § 2254 . Stewart was convicted of first degree murder for shooting Akbar Bey in Oakland, California. The prosecution put forth persuasive evidence, including two witnesses who saw Stewart commit the murder. Stewart shot Bey four times, twice in the head, twice in the chest, from a distance of less than two feet. He claimed he did so in self-defense.

On appeal, Stewart contends that he received constitutionally ineffective assistance of counsel, that the State violated his due process rights by denying the existence of a police report and that the trial court violated his Sixth Amendment rights by refusing to give a jury instruction he requested. We have jurisdiction under 28 U.S.C. §§ 1291 and 2254, and we affirm.

Under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), we cannot grant habeas relief to Stewart unless the state court’s ruling “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” See Williams v. Taylor, 529 U.S. 362 ,…