Adams

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LESLIE MARIE McCULLEY, No. 2:16-cv-2216 MCE DB P Petitioner, v. FINDINGS & RECOMMENDATIONS DERRAL ADAMS, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges her 2013 conviction for attempted premeditated murder of a police officer in the performance of his duties during which a principal was armed with a gun (Count 1), evasion of police pursuit while personally using a gun (Count 2), being a felon in possession of a gun (Count 3), and concealing or withholding a stolen car (Count 4). Petitioner contends (1) the trial court committed instructional error, (2) evidence of prior misconduct was improperly admitted, (3) the prosecutor committed misconduct, (4) there existed cumulative error, and (5) the restitution order was erroneous. For the reasons set forth below, this Court will recommend that the petition…