Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 ROBERT AVILA, JR., Case No. 1:18-cv-01073-NONE-JDP Petitioner, FINDINGS AND RECOMMENDATIONS

TO DENY THE PETITION FOR A WRIT OF

v. HABEAS CORPUS AND TO DECLINE TO

ISSUE A CERTIFICATE OF

STUART SHERMAN, APPEALABILITY Respondent. OBJECTIONS DUE WITHIN THIRTY DAYS ECF No. 1 18 Petitioner Robert Avila, Jr., a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. He offers three grounds for why habeas relief is warranted: first, he argues that a jury instruction allowing “propensity” evidence violated his right to due process, see id. at 19; second, he contends that it was error to instruct the jury that evidence of uncharged crimes could be proved by a preponderance of the evidence, see id. at 26; and third, he argues that he was denied his right to be present at all critical stages of the trial because he was 25 …