Dao

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 CUONG HUY DAO, Case No. 19-cv-01074-WHO (PR)

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

KEVIN HIXON, Respondent.

11 INTRODUCTION Petitioner Cuong Huy Dao seeks federal habeas relief from his California state conviction for assault with a deadly weapon. His Brady claim fails because the allegedly withheld evidence was not favorable to the defense and was disclosed in time for the defense to make use of it; his first claim of ineffective assistance cannot succeed because counsel’s failure to request a jury instruction caused no prejudice in light of other instructions that conveyed the theory the omitted instruction contained; and his second claim of ineffective assistance cannot succeed because Dao has not presented supporting evidence to state a claim that the recording of his 911 call should have been admitted, and the recording of a witness’s statement he believes should have been admitted was…