Id. at 693, 104 S.Ct. 2052. The evidence clearly demonstrated that McIntyre’s cognitive skills were not so impaired that he was prevented from premeditating or forming an intent to kill, and that his motor skills were not so impaired that the shooting was an accident. Accordingly, McIntyre has not demonstrated Strickland prejudice and his ineffective assistance of counsel claim fails. AFFIRMED. * This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3. 1 . The certificate of appealability ("COA'') granted by the district court stated the issue as follows: "Whether habeas relief is warranted under 28 U.S.C. § 2254(d) with respect to petitioner's claim that he received ineffective 999)
holding that coas should be construed liberally holding that pleadings under the rico act are to be liberally construed holding that pro se pleadings are to be liberally construed recognizing that umuim statute is remedial in nature and should be liberally construed holding that under edenfield the act should be liberally construed