McIntyre

MEMORANDUM *

Petitioner John Kevin McIntyre appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for murder, possession of a firearm by a felon, and shooting an occupied motor vehicle. McIntyre contends that he received ineffective assistance of counsel when his trial counsel failed to investigate, prepare, and present evidence, through expert testimony, of his voluntary intoxication. 1 We have jurisdiction under 28 U.S.C. § 2253 and affirm.

While the applicable standard of review is not dispositive in the instant case, we conclude that the district court erred in employing de novo review rather than deferential review under the AEDPA. AEDPA deferential review was triggered because the California Court of Appeal “adjudicated on the merits” McIntyre’s ineffective assistance of counsel claim. Lambert v. Blodgett, 393 F.3d 943, 969-71 (9th Cir.2004). Ineffective assistance of counsel claims are mixed questions of law and fact. Id. at 977 . Therefore, we review the California Court of Appeal’s ultimate conclusion per § 2254(d)(1) in order to ascertain whether the decision is “contrary to, or involved an unreasonable…