Covello

(HC) Hernandez v. Covello

Good Law
United States District Court, Eastern District of CaliforniaOctober 16, 20241:24-cv-00475California668 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSE HERNANDEZ, ) Case No.: 1:24-cv-0475 JLT SAB ) Petitioner, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DENYING THE v. ) PETITION FOR WRIT OF HABEAS CORPUS, ) AND DIRECTING THE CLERK OF COURT TO PATRICK COVELLO, ) CLOSE THE CASE ) Respondent. ) (Doc. 13) )

Jose Hernandez, a state prisoner, is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, asserting ineffective assistance of trial counsel because his attorney failed to object to the prosecution’s introduction of certain evidence during closing arguments. (Doc. 1 at 5.) The magistrate judge found “it was not objectively unreasonable for the state court to find that Petitioner had not demonstrated there was a reasonable probability that the result of the proceeding would have been different if counsel had objected to the prosecutor’s alleged misconduct.” (Doc. 13 at 14; see also id. at 8-14.) …

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