Robinson

MEMORANDUM **

Tyrone D. Robinson, a California state prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . He contends (1) the state trial court’s admission of Brian Walton’s taped statements deprived him of due process and effective assistance of counsel; (2) the record lacks sufficient evidence of deliberation and premeditation to support his conviction; (3) he was entitled to a voluntary intoxication instruction; (4) the prosecutor’s closing argument was improper and denied him due process; and (5) the district court erred by denying him an evidentiary hearing to develop his ineffective assistance of counsel claim. We construe Robinson’s notice of appeal as a request for a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 481-82 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000). We grant the certifícate as to all five issues raised by Robinson, and we affirm.

The primary issue is whether the admission into evidence of Brian Walton’s taped statements, in their entirety, during Robinson’s state court trial, rendered his trial fundamentally unfair, see Jarnmal v. Van de Kamp, 926 F.2d 918, 919 (9th Cir.1991),…