Daniel
Daniel v. Neuschmid
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DOMINIC TYRELL DANIEL, Case No. 19-cv-03319-HSG
Petitioner, ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS;
v. DENYING CERTIFICATE OF
APPEALABILITY
ROBERT NEUSCHMID,
Respondent.
12 Petitioner, a state prisoner incarcerated at California State Prison - Solano,1 has filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of a conviction obtained against him in state court. Dkt. No. 1 (“Pet.”). Respondent has filed an answer. Dkt. No. 14. Petitioner has not filed a traverse, and the deadline to do so has since passed. The Court has carefully considered the briefs submitted by the parties. For the reasons set forth below, the petition is DENIED. I. PROCEDURAL HISTORY On April 29, 2015, an Alameda County jury found petitioner guilty of second degree murder (Cal. Penal Code § 187(a)). Ans., Ex. 12 (“CT”) at 284. On June 25, 2015,…