Bussiere

MEMORANDUM *

Petitioner Arthur Bussiere challenges the denial of his habeas corpus petition. Bussiere claims that he received ineffective assistance of counsel at his murder trial because his trial counsel did not present a voluntary intoxication defense. We affirm the denial of habeas relief.

On March 21, 1990, Bussiere stabbed Donald Palmer while the two were fighting about the purchase of marijuana. Bussiere was charged with first degree murder and robbery. Bussiere testified at his trial that Palmer’s death was an accident and that he did not intend to kill Palmer. Several of the people who saw Bussiere before and after Palmer’s death testified that Bussiere had intended to rob Palmer and that Bussiere admitted killing Palmer. Defense counsel did not present a voluntary intoxication defense, although there was evidence that Bussiere was intoxicated. A San Diego County jury found Bussiere guilty of second degree murder and attempted robbery.

After his trial and conviction, Bussiere’s state petition for writ of habeas corpus was consolidated with his direct appeal. The California Court of Appeal, Fourth Appellate District affirmed the judgment and denied the petition. The…