(HC) Rogers v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE DIAUNDRA ROGERS, No. 2:23-cv-0238 DJC CSK P Petitioner, v. FINDINGS & RECOMMENDATIONS JEFF LYNCH, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his amended petition, petitioner challenges his 2019 conviction for first degree murder. (ECF No. 24.) Petitioner was sentenced to 50 years to life in state prison. Petitioner claims that defense counsel was ineffective for failing to seek a pinpoint jury instruction on the defense of subjective provocation which would have reduced the murder charge from first degree to second degree. After careful review of the record, this court concludes that the petition should be denied. I. Procedural History On February 7, 2019, a jury found petitioner guilty of first degree murder in the Nevada County Superior Court, Case No. TF16000201. (ECF Nos. 14-1, 14-2.) …