Demacedo

Demacedo v. Koenig

Good Law
United States District Court, Northern District of CaliforniaSeptember 15, 20223:19-cv-05815California6,945 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 DENIS DEMACEDO, Case No. 19-cv-05815-JD

Plaintiff,

ORDER RE HABEAS PETITION AND

v. CERTIFICATE OF APPEALABILITY

CRAIG KOENIG, Defendant.

11 Petitioner Denis Demacedo, a California state prisoner, alleges several claims for habeas relief under 28 U.S.C. § 2254. Dkt. No. 1. The Court directed respondent to show cause why the writ should not be granted. Dkt. No. 4. Respondent filed an answer to the habeas petition, Dkt. No. 19, and Demacedo filed a traverse. Dkt. No. 20. The petition is denied. BACKGROUND The California Court of Appeal provided a detailed account of the material facts and trial proceedings. See People v. Demacedo, No. A144919, 2018 WL 1358316, at *1-2 (Cal. Ct. App. Mar. 16, 2018). The court summarized the facts of the crime: “While on probation for driving under the influence, Denis Demacedo chose to drive when his blood alcohol content was almost three times the legal limit. …

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