Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISAAC VASQUEZ, No. 2:18cv0073 TLN KJN (HC) Petitioner, v. FINDINGS & RECOMMENDATIONS M. ELIOT SPEARMAN, Respondent. 16 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 2012 conviction for second degree murder, four counts of attempted murder, and shooting at an inhabited dwelling. Petitioner was originally sentenced to a total of 129 years and 4 months in state prison. His sentence was later reduced on remand following direct appeal. Petitioner claims that: (1) his constitutional right to confront witnesses was violated by the gang expert’s reliance on testimonial hearsay in forming his opinion as proffered by the People; (2) the trial court erred in excluding a portion of his statement to police pursuant to California Evidence Code section 356; (3) the trial court erroneously…