James B. Masoner v. Otis Thurman, Warden

Masoner, a California state prisoner, appeals from the district court’s order denying his petition for a writ of habeas corpus. The district court exercised jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . We affirm.

I

On March 4, 1987, Masoner attended a cocktail party where he consumed alcoholic beverages. As he prepared to leave the party, Masoner’s associates advised him that he was in no condition to drive. Despite resistance from Masoner, his associates, Monnin and Barber, accompanied Masoner home; Masoner rode with Barber while Monnin drove Masoner’s car. Masoner was uncooperative and somewhat incoherent. After extensive searching, the men located Masoner’s house on a cul-de-sac at the top of a hill. When Monnin got out of Masoner’s car, Ma-soner entered it and began to drive out of the cul-de-sac down the hill. Barber and Monnin followed in Barber’s car. Masoner drove to the bottom of the hill, failed to negotiate a curve in the road, and crashed through a house, killing four-year-old Jessica Shaner and injuring other occupants. A subsequent blood test indicated that at the time of the crash Masoner’s…