Kopy

MEMORANDUM **

Appellant Stephen Kopy was convicted of first degree murder and two counts of assault with a firearm. The California Court of Appeal affirmed the conviction, the California Supreme Court denied review, and Kopy sought federal habeas relief under 28 U.S.C. § 2254 . The District Court denied Kopy’s petition, and Kopy now appeals on several grounds. We review the District Court’s decision de novo. Doody v. Schriro, 548 F.3d 847, 857 (9th Cir.2008). Applying the deferential standard of review found in the Antiterrorism and Effective Death Penalty Act (AED-PA), we will not disturb the California Court of Appeal’s decision unless it was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court, or unless it was based on an unreasonable determination of the facts in light of the evidence presented in the trial court. 28 U.S.C. § 2254 (d). We affirm.

I.

Kopy argues that he was denied due process because the jury instructions regarding the heat of passion defense misled the jury to believe that heat of passion must arise suddenly. We do not agree. The instruction on the heat of passion defense correctly…