Eaton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH MICHAEL DENNER, Case No. 2:21-cv-00309-TLN-JDP Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THE PETITION FOR HABEAS

v. CORPUS BE DENIED PATRICK EATON, ECF No. 1 Respondent. 16 Petitioner Joseph Michael Denner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. He argues that his rights were violated when the trial court failed to instruct the jury that duress was a defense to aiding and abetting murder. I recommend denying the petition. Background Petitioner was charged with first degree murder (Pen. Code, § 187, subd. (a)) with a kidnapping special circumstance. ECF No. 10-1 at 18-19. He pled not guilty and proceeded to jury trial in San Joaquin Superior Court. ECF No. 10-3 at 6. He was acquitted of first-degree murder and the kidnapping special circumstance was found to be untrue, ECF No. 10-3…