Garcia

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RALPH A. GARCIA, Case No. 19-cv-07600-VC

Petitioner,

ORDER DENYING MOTION TO

v. VACATE, ALTER, OR AMEND

JUDGMENT

ROBERT BURTON,

Re: Dkt. No. 39 Respondent.

Garcia’s motion to vacate, alter, or amend the judgment is denied. As to the question whether AEDPA deference applies to the claims that the Superior Court overlooked, this Court thoroughly considered the issue. The order recognized that the answer was “not obvious,” and that there was a “colorable legal argument” that de novo review applied. See Dkt. No. 37, pg. 3. But for the reasons discussed at length in the order, the better argument was that AEDPA deference did apply. The trickiness of the question is not reason itself to grant the motion to amend. See Wood v. Ryan, 759 F.3d 1117, 1121 (9th Cir. 2014) (“A district court may grant a Rule 59(e) motion if it is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.” (quotations omitted) (emphasis in original)). Garcia also argues that the motion to amend should be granted because an evidentiary…