Galloway

MEMORANDUM **

Paul Galloway (“Galloway”) appeals from the district court’s denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254 . Galloway challenges his 1999 California state court convictions for second degree murder, attempted non-premeditated murder, and vehicle theft. The district court denied Galloway’s § 2254 petition, but granted a certificate of appealability under 28 U.S.C. § 2253 as to Galloway’s claim that his trial counsel’s failure to re *531 tain a ballistics expert constituted ineffective assistance of counsel in violation of the Sixth Amendment. On appeal, Galloway raises both his certified claim and a second uncertified claim that the California trial court’s refusal to provide certain self-defense instructions that Galloway requested violated his Fourteenth Amendment right to due process.

The California Supreme Court’s determination that Galloway received constitutionally adequate assistance of counsel was not contrary to or an unreasonable application of clearly established federal law. 28 U.S.C. § 2254 (d)(1). Counsel’s performance was not deficient under Strickland v. Washington because it did not fall below an objective standard of…