Marco Antonio Ramirez v. Peggy L. Kernan, Warden

91 F.3d 154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marco Antonio RAMIREZ, Petitioner-Appellant, v. Peggy L. KERNAN, Warden, Respondent-Appellee. No. 95-16967. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Marco Antonio Ramirez, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Ramirez contends that the district court erred by denying his petition because: (1) the California trial court's failure to instruct the jury sua sponte on involuntary intoxication and unconsciousness constituted harmful error, and (2) trial counsel's failure to request an involuntary intoxication and unconsciousness instruction denied Ramirez the effective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and review de novo, Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th…