The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RALPH A. GARCIA, Case No. 19-cv-07600-VC
Plaintiff,
ORDER WITH QUESTIONS FOR
Vv. HABEAS PETITION HEARING
ROBERT BURTON,
Defendant.
The parties should be prepared to answer and discuss the following questions at
tomorrow’s hearing:
e Did the state court unreasonably apply federal law on the issue of deficient
performance by failing to analyze defense counsel’s performance in its totality?
See, e.g., White v. Ryan, 895 F.3d 641 (9th Cir. 2018); Browning v. Baker, 875
F.3d 444 (9th Cir. 2017).
e Do the jury notes asking about aiding and abetting liability support the conclusion
that counsel successfully created reasonable doubt as to whether Mr. Garcia
himself stabbed the victim? If so, is the main question here whether trial counsel
performed deficiently in failing to establish reasonable doubt as to whether Mr.
Garcia was one of the three individuals involved in the attack?
IT IS SO ORDERED.
Dated: September 16, 2020 =
VINCE CHHABRIA
United States District Judge