Martinez

MEMORANDUM **

Petitioner Fernando Ruiz Martinez was convicted in state court of two counts of first-degree murder. After exhausting his state remedies, Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 . The district court denied the petition, and we affirm.

The state trial court improperly instructed the jury with respect to Petitioner’s “imperfect self-defense” claim. See People v. Christian S. (In re Christian S.), 7 Cal.4th 768 , 30 Cal.Rptr.2d 33 , 872 P.2d 574, 583 (Cal.1994) (holding that a defendant may argue imperfect self-defense when he had an actual, but unreasonable, belief that he was in danger of death or great bodily injury). However, on direct review, the state court of appeals held that the instructional error was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (stating the standard for determining whether a conviction must be set aside because of federal constitutional error), overruled in part by Brecht v. Abrahamson, 507 U.S. 619, 623 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993) (limiting Chapman to direct review and holding *404 that, in the habeas context, an…