Cappello

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 MARK WILLIAM CAPPELLO, 11 Plaintiff, No. C 20-08287 WHA

12 v.

13 TERESA CISNEROS, et al., CERTIFICATE OF APPEALABILITY 14 Defendants.

15 16 INTRODUCTION 17 Petitioner requires a certificate of appealability so that he may appeal this Court’s denial 18 of his petition for writ of habeas corpus. Some of the issues in the petition are adequate to 19 deserve encouragement to proceed further, at least after all doubts are resolved in petitioner's 20 favor. The request for a certificate is therefore GRANTED IN PART AND DENIED IN PART. 21 STATEMENT 22 A Sonoma County jury convicted petitioner of three counts of special-circumstance 23 murder, one count of first-degree burglary, one count of first-degree residential robbery, and 24 one count of conspiracy to possess marijuana for sale and transport. On November 15, 2023, 25 this Court denied petitioner's request for a writ of habeas corpus and issued a judgment…