# Garcia v. Burton

> District Court, N.D. California · September 16, 2020

URL: https://www.frixlaw.com/law-library/cases/10065147

## Case

- **Court:** District Court, N.D. California
- **Decided:** September 16, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10065147

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10065147. Public record. Not legal advice.