Daniel

Daniel v. Neuschmid

Good Law
United States District Court, Northern District of CaliforniaNovember 16, 20204:19-cv-03319California16,077 words

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,…

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