Cates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MARK ERWIN GARNER, ) Case No.: 1:20-cv-01403-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) BRIAN CATES, Acting Warden, ) [THIRTY-DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner was convicted of rape, eight counts of aggravated sexual offenses against a minor under age fourteen, and incest. As discussed below, the Court finds the Petitioner’s claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY Petitioner was tried twice on offenses related to his sexual abuse of his daughters. (Doc. 13 at 11.) In 2011, Petitioner stood trial for eight felony offenses related to his sexual abuse of his developmentally delayed or disabled daughter, “Jane,” which occurred during two separate time periods: 2004 and 2009. (Id.) A jury convicted him of three offenses he committed during the 2009 25 …