Nguyen

Nguyen v. Pallares

Good Law
United States District Court, Northern District of CaliforniaFebruary 2, 20213:19-cv-02952California19,071 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 MY LOAN NGUYEN, Case No. C 19-2952 WHA (PR) Petitioner, ORDER DENYING PETITION FOR

WRIT OF HABEAS CORPUS; AND

v. GRANTING CERTIFICATE OF

APPEALABILITY AS TO MIRANDA

MICHAEL PALLARES, Acting Warden, VIOLATION AND INEFFECTIVE

ASSISTANCE OF COUNSEL CLAIMS

Respondent. 12 INTRODUCTION This is a federal habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. §2254. Respondent was ordered to show cause why the petition should not be granted. Respondent filed an answer denying petitioner’s claims. Petitioner filed a traverse. For the reasons stated below, the petition is DENIED. STATEMENT A. PROCEDURAL BACKGROUND In 2014, a Santa Clara County jury convicted petitioner of attempted premeditated murder (count 1) and two counts of discharging a firearm from a vehicle at a nonoccupant (counts 2 & 3). The jury found true the allegation on count 1 that…

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