Michael Delongis v. Derrick Ollison

MEMORANDUM **

Michael DeLongis (“DeLongis”) was sentenced to 23 years to life for second-degree murder and corporal injury to a spouse. He appeals the denial of his habe-as corpus petition. DeLongis alleges that his due process and fair trial rights were violated by the state trial court’s failure to provide voluntary intoxication and mental disorder instructions. He argues that, absent these alleged errors, he would have been convicted of manslaughter, not second degree murder.

Under California law, DeLongis could be convicted of murder if the jury found he killed his wife with implied malice.…