Arnold

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOHN HAROLD LUEBBERS, No. 2:15-cv-02348 MCE KJN Petitioner, v. FINDINGS & RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Respondent.

I. Introduction

Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his April 2012 conviction for

first degree murder. Petitioner was sentenced to fifty years-to-life in state prison. Petitioner

claims that trial counsel was ineffective for failing to call witnesses that could testify to facts

supporting second degree murder and voluntary manslaughter, that petitioner was prepared to

testify as to his state of mind, that counsel provided ineffective assistance of counsel for the

court’s failure to instruct the jury regarding voluntary…