The following excerpt is from Beard v. Sutton, Case No. 1:17-cv-00497-JDP (HC) (E.D. Cal. 2019):
constitutional question." Windham v. Merkle, 163 F.3d 1092, 1106 (9th Cir. 1998). Accordingly, petitioner's claim that the trial court erred in refusing to instruct the jury on involuntary manslaughter is not cognizable on federal habeas review.
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