of counsel when his trial counsel failed to investigate, prepare and present a diminished capacity defense through expert testimony.” California has abolished by statute the diminished capacity defense. See People v. Aguirre, 31 Cal.App.4th 391, 37 Cal.Rptr.2d 48, 50 (1995). We grant McIntyre’s motion to construe the COA to certify the following issue: "Whether habeas relief is warranted under 28 U.S.C. § 2254(d) with respect to petitioner’s claim that he received ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), where his trial counsel failed to investigate, prepare and present evidence, through expert testimony, of his voluntary intoxication.” See Williams v. Rhoades, 354 F.3d 1101, 1106-07 (9th Cir. 2004) (<HOLDING>); Furman v. Wood, 190 F.3d 1002, 1005 (9th Cir.
holding that this court can consider claims not specifically excluded by a coa holding that juvenile court has no jurisdiction to consider constitutional claims holding that this court will not consider a theory or issue that was not pleaded or raised in the trial court holding state prisoners proceeding under  2241 must be granted a coa before their claims can be considered on the merits holding that as a general rule this court will not consider an issue that was not raised below