Brewer

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

WYNN BREWER, Case No. 19-cv-01055-VC

Plaintiff,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS;

DENYING CERTIFICATE OF

ROBERT NEUSCHMID, APPEALABILITY

Defendant. Re: Dkt. No. 1

A jury convicted Wynn Brewer of conspiracy to commit murder and being a felon in possession. Cal. Penal Code §§ 182(a)(1), 187(a), 12021(a)(1). The sole claim raised by the Brewer’s petition for a writ of habeas corpus relates to the denial of his request that the jury be instructed on his alternative theories of conspiracy to commit assault with a firearm and conspiracy to commit voluntary manslaughter. Brewer contends that the trial court’s refusal to provide these jury instructions violated the Fourteenth Amendment’s Due Process Clause. As Brewer admits, he did not present the voluntary-manslaughter aspect of this claim to the California Supreme Court on direct review. See Petition for Review at 4, Dkt. No. 13-27; see also O’Sullivan v. Boerckel, 526 U.S. 838, 845 (1999). Because a state-law remedy is no longer available, this claim is procedurally defaulted.…