Jacobo
Vincent P. Jacobo v. Patrick Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
VINCENT P. JACOBO,
Case No. 24-cv-03271-RS (PR) Petitioner, 10 v. ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
PATRICK COVELLO,
12 Respondent.
14 INTRODUCTION Petitioner seeks federal habeas relief under 28 U.S.C. § 2254 from his California state conviction for murder. His claim that the trial court’s instruction on mutual combat or being the initial aggressor (CALCRIM 3471) violated his due process right to a fair trial and to present a defense lacks merit. His contention that the instruction was not supported by substantial evidence fails to state a federal claim; even if it were a proper federal claim, the instruction was supported by substantial evidence; because there was overwhelming evidence against self-defense, his claim that his self-defense argument would have succeeded had the instruction not been given fails; and there was no prejudice. Accordingly, the petition…