Cohen
Cohen v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL COHEN, Case No. 19-cv-01980-JST
Petitioner,
ORDER DENYING PETITION FOR A
v. WRIT OF HABEAS CORPUS;
DENYING CERTIFICATE OF
WARDEN MARCUS POLLARD, APPEALABILITY Respondent.
12 Before the Court is the above-titled petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 by petitioner Daniel Cohen, challenging the validity of his state court conviction. ECF Nos. 1, 2. Respondent has filed an answer to the petition,1 ECF Nos. 16, 17, and Petitioner has filed a traverse, ECF No. 20. For the reasons set forth below, the petition is DENIED. I. PROCEDURAL HISTORY On January 21, 2016, a Santa Cruz County jury found Petitioner and his mother, codefendant Diana Cohen, guilty of first-degree murder with the special circumstance of lying in wait (Cal. Penal Code §§ 187(a), 190.2(a)(15)). The jury also found true multiple firearm use enhancement allegations as to…