Wright

MEMORANDUM *

Lyle Wright, a California state prisoner, appeals the district court’s dismissal of his *598 petition for writ of habeas corpus challenging his conviction for attempted first degree murder. Wright claims that his attorney provided ineffective assistance of counsel by failing to present to the jury evidence of his mental retardation and schizophrenia, which, Wright argues, would have negated the premeditation and specific intent elements of his crime. On direct review, the California Court of Appeal rejected the claim.

The California Court of Appeal did not unreasonably apply Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), when it rejected Wright’s claim. See 28 U.S.C. § 2254 (d). We agree with the district court that trial counsel’s investigation was deficient. She failed to investigate Wright’s mental health history to determine whether there was evidence supporting a mental state defense to the attempted murder charge. See Wiggins v. Smith, 589 U.S. 510 , 527, 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003); Jennings v. Woodford, 290 F.3d 1006, 1013 (9th Cir.2002). To establish a constitutional violation, however, petitioner must show both…