Blakeley

MEMORANDUM *

Petitioner George John Blakeley (“Blakeley” or “Petitioner”) appeals from the district court’s denial of his federal habeas corpus petition challenging his 1995 California state conviction for voluntary manslaughter on the ground that his Fifth Amendment due process rights were violated by the district court’s failure to give the jury an “imperfect self-defense” pinpoint instruction to the lesser included charge of involuntary manslaughter and that such failure resulted in prejudice to petitioner.

*397 In 1995, Blakeley was charged with one count of second-degree murder in violation of CahPenal Code § 187(a) 1 and one count of use of a dangerous weapon in violation of Cal.Penal Code § 12022(b). On August 22, 1995, after a three-day jury trial in California state court, Blakeley was convicted of voluntary manslaughter and use of a dangerous weapon. Blakeley was sentenced to 29 years and 4 months’ imprisonment.

Blakeley appealed the judgment of conviction to the California Court of Appeal, which affirmed said judgment and held that the trial court did not err in failing to give the “imperfect self-defense” pinpoint instruction to the crime of involuntary manslaughter…