Darden

MEMORANDUM **

Geraldine Darden (“Darden”) appeals the district court’s denial of her habeas petition brought under 28 U.S.C. § 2254 . Following a California state court trial, Darden was convicted of second degree murder for the fatal shooting of Cherisse Wilson (“Wilson”). Darden raises three challenges in her habeas petition. All fail, and are addressed in turn.

First, Darden argues that the erroneous inclusion of intent to kill as an element of the lower offense of voluntary manslaughter was constitutional error under Mullaney v. Wilbur, 421 U.S. 684, 704 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975). Mullaney , however, is implicated when the government is unlawfully relieved of its burden of proof, not because an additional element is added to an offense. Id.

Even if a constitutional violation were present, any error was harmless under Brecht v. Abrahamson, 507 U.S. 619, 638 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993). The alleged error did not have a “substantial and injurious effect or influence in determining the jury’s verdict” because we conclude that the jury’s finding of second-degree murder “was not substantially swayed” by the erroneous inclusion of an intent to kill…