Tsetse

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PRINCE F. TSETSE, Case No. 18-cv-01876-WHA

Plaintiff, ORDER DENYING PETITION FOR

WRIT OF HABEAS CORPUS;

v. DENYING CERTIFICATE OF

APPEALABILITY

ROBERT NEUSCHMID,

Defendant.

INTRODUCTION This is a federal habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. § 2245. The operative petition in this action is the Second Amended Petition (“SAP”) (ECF No. 45). Petitioner’s claim of actual innocence was dismissed, and his claims of prosecutorial misconduct and that trial counsel was ineffective by not objecting to admitted evidence of three jailhouse telephone conversations between petitioner and his wife were subsequently denied (ECF No. 69). The United States Court of Appeals remanded the case to decide additional claims of ineffective assistance by trial counsel, as well as claims of insufficiency of evidence and cumulative error (ECF No. 73). Respondent filed a supplemental answer…