Hatton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD ORTEZ-LUCERO, No. 2:18-cv-2982-KJM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS SHAWN HATTON, 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: (1) two counts of first degree murder1 (Pen. Code § 187(a)); (2) first degree burglary (§ 459); and (3) attempted robbery (with firearm enhancements) (§ 664/211). The instant petition raises five claims. First, petitioner argues that the trial court committed prejudicial error when it excluded exculpatory wiretap evidence. Second, petitioner argues that the state court erred in excluding evidence as to a victim’s criminal background. Third, petitioner argues that the trial court erred in denying his request for a jury instruction on third-party culpability. With respect to this (third) claim,…