Fox

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LANDRY DANIELS, No. 2:18-cv-2409 MCE KJN P 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 ROBERT W. FOX, Warden, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a 2013 conviction for 20 obstructing or resisting an executive officer, with threats or violence, in the performance of duties 21 (Cal. Pen. Code, § 69 [two counts]). Petitioner was sentenced to a total of twenty-seven years in 22 state prison. More particularly, petitioner asserts three claims: (1) without considering less 23 severe measures, the trial court violated the Fifth, Sixth and Fourteenth Amendments by forcing 24 petitioner to choose between the right to be present at trial and his right to testify; (2) the trial 25 court abused its discretion in denying petitioner’s fourth Marsden1 motion because an 26 irreconcilable conflict…