David Charles Macon v. Jeff Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DAVID CHARLES MACON, Case No. 2:21-CV-06857 JAK (KES)
Petitioner,
ORDER TO SHOW CAUSE WHY
v.
PETITION SHOULD NOT BE
JEFF LYNCH, Acting Warden, DISMISSED AS MIXED
Respondent.
I.
BACKGROUND
On August 16, 2021, David Charles Macon (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (Dkt. 1 [“Petition”].) Petitioner challenges his conviction for robbery and carjacking. (Id. at 2.1) The Petition raises the following grounds for relief: (1) insufficient evidence supporting the gang enhancements, (2) failure to properly instruct the jury on the elements of carjacking, (3) conviction resulted in a fundamental miscarriage of justice, (4) ineffective assistance of trial counsel,
1 Page citations refer to pagination imposed by the Court’s electronic filing system. (5) Petitioner is actually…