(HC) Lyon v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LYON, No. 2:22-cv-1417 CKD P Petitioner, v. ORDER AND STATE OF CALIFORNIA, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is proceeding with counsel with a petition for writ of habeas corpus under 28 U.S.C. § 2254. In 2018, petitioner was convicted on 6 counts of eavesdropping on or recording confidential communications and 2 counts of disorderly conduct. ECF No. 1 at 1. Petitioner was ordered to serve 6 years and 4 months in prison. Id. There is one claim before the court which, for the reasons below, the court recommends be denied. I. Background On direct appeal, the California Court of Appeal summarized the evidence presented at trial and other relevant facts as follows: In early October 2014 a search of numerous electronic devices seized from defendant’s residence revealed that, in 2013 and 2014, defendant had engaged in sexual relations with…