Asuncion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISAIAH DOMINIC HALE, No. 2:18-cv-1924-JAM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS DEBBIE ASUNCION, Respondent. 16 Petitioner is a California state prisoner who, proceeding with counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was convicted in the Sacramento County Superior Court of attempted deliberate and premeditated murder (Pen. Code §§ 187, subd. (a), 664) and firearm enhancements (§§ 12022, subd. (a)(1), 12022.5, subd. (a), 12022.53, subds. (b), (c), (d)). The instant petition raises the following claims: (1) the trial court’s failure to properly instruct the jury as to the elements of petitioner’s defense violated his Fourteenth Amendment due process rights and Sixth Amendment right to a jury trial; (2) petitioner’s trial counsel was ineffective in failing to object to the foregoing instructional error; (3) the state court of appeal unreasonably applied United States…