Hill

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID CAPPS, No. 2:25-cv-1047 WBS AC 11 Petitioner, 12 v. FINDINGS AND RECOMMENDATIONS 13 JAMES HILL, Warden, 14 Respondent. 15 16 Petitioner is a California state prisoner proceeding through counsel with an application for 17 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition 18 challenging petitioner’s 2022 conviction for multiple sex offenses. ECF No. 1. Respondent has 19 answered, ECF No. 11, and petitioner has filed a traverse, ECF No. 12. 20 BACKGROUND 21 I. Proceedings in the Trial Court 22 A. Preliminary Proceedings 23 Petitioner was charged in Sacramento County with nine counts of lewd and lascivious acts 24 against his stepdaughter, who was under 14 years old at the time. Two of the counts were 25 allegedly committed by force. The information also charged petitioner with three counts of 26 domestic violence against his wife: one count of corporal injury with an…