Conwell

MEMORANDUM **

Appellant Demetrius Conwell appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 , challenging his conviction in California state court for involuntary manslaughter (Cal.Penal Code § 192(b)). Conwell contends that his conviction must be overturned because, inter alia, he received ineffective assistance of counsel at trial. We have jurisdiction pursuant to 28 U.S.C. § 2253 and reverse the decision of the district court.

We review de novo the district court’s decision to deny a 28 U.S.C. § 2254 habeas corpus petition. Jensen v. Pliler, 439 F.3d 1086, 1088 (9th Cir.2006). A state prisoner is entitled to relief if the state court adjudication of a claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1).

Conwell contends that he received inadequate assistance of counsel at trial because his attorney neither called a forensic pathologist to testify at trial, nor consulted with a pathologist to determine whether such testimony would be helpful to Con-well’s…