Biter

Case 2:14-cv-02268-MCE-DB Document 59 Filed 06/29/20 Page 1 of

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

RACARDO JACKSON, No. 2:14-cv-2268 MCE DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARTIN BITER, Respondent.

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 his conviction imposed by

the Solano County Superior Court in 2010 for second degree murder with a firearm enhancement.

Petitioner alleges: (1) his Miranda rights were violated when the prosecutor questioned witnesses

and argued about petitioner’s post-Miranda silence and about his statements made after he

invoked his right to counsel; (2) appellate counsel was constitutionally ineffective when he failed

to raise the Miranda claims; (3) trial counsel was constitutionally ineffective during…