Cook

ORDER

The opinion filed February 20, 2008, is amended by the opinion filed concurrently with this order. With the filing of the amended opinion, the panel has voted to deny the petition for panel rehearing and the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge of the court has called for a vote on en banc rehearing. See Fed. R.App. P. 35(f). The petition for panel rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or petitions for rehearing en banc may be filed.

OPINION

Petitioner Daniel Wayne Cook appeals the denial of his 28 U.S.C. § 2254 petition. Cook waived counsel and represented himself at trial through sentencing. A jury convicted him of two counts of first-degree murder and the court sentenced him to death under Arizona Revised Statutes §§ 13-503 and 13-703. Cook now claims that his decision to waive counsel was involuntary because his original appointed trial counsel was ineffective; that his co-defendant, John Eugene Matzke’s plea agreement violated Cook’s right to a fair trial; and that the prosecutor improperly commented on Cook’s failure to testify and his…