Hill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DAVID CAPPS, No. 2:25-cv-1047 WBS AC Petitioner, v. FINDINGS AND RECOMMENDATIONS JAMES HILL, Warden, Respondent. 15 Petitioner is a California state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition challenging petitioner’s 2022 conviction for multiple sex offenses. ECF No. 1. Respondent has answered, ECF No. 11, and petitioner has filed a traverse, ECF No. 12. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in Sacramento County with nine counts of lewd and lascivious acts against his stepdaughter, who was under 14 years old at the time. Two of the counts were allegedly committed by force. The information also charged petitioner with three counts of domestic violence against his wife: one count of corporal injury with an…