Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LANDRY DANIELS, No. 2:18-cv-2409 MCE KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS ROBERT W. FOX, Warden, 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 a 2013 conviction for obstructing or resisting an executive officer, with threats or violence, in the performance of duties (Cal. Pen. Code, § 69 [two counts]). Petitioner was sentenced to a total of twenty-seven years in state prison. More particularly, petitioner asserts three claims: (1) without considering less severe measures, the trial court violated the Fifth, Sixth and Fourteenth Amendments by forcing petitioner to choose between the right to be present at trial and his right to testify; (2) the trial court abused its discretion in denying petitioner’s fourth Marsden1 motion because an irreconcilable conflict…