Givens

MEMORANDUM **

Tyrone Givens was convicted for the attempted robbery and attempted murder of an elderly jogger and his daughter. He now petitions for habeas corpus, alleging that his counsel was constitutionally ineffective for failing to object to the admission of a show-up identification by two witnesses, failing to object to his appearance in prison clothes, and failing to investigate a possible intoxication defense. The latter two claims are uncertified. See Hiivala v. Wood, 195 F.3d 1098, 1104 (9th Cir.1999). Because the state court did not reach the merits of Givens’s case, we review his claims de novo. See Lewis v. Mayle, 391 F.3d 989, 996 (9th Cir.2004); Vang v. Nevada, 329 F.3d 1069, 1072 (9th Cir.2003).

Even assuming Givens’s claims are not procedurally barred because of his failure to effectively file a state habeas petition, see Koerner v. Grigas, 328 F.3d 1039 , 1044 n. 1 (9th Cir.2003), his ineffective assistance claims do not warrant a writ. Under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), Givens must show that trial counsel’s performance “fell below an objective standard of reasonableness” and resulted in prejudice such that…