Atchely

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACINTO JOSE VALDOVINO, No. 2:20-cv-00939 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS MATTHEW ATCHELY, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding with counsel, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). This is a difficult case in that the undersigned must review factual findings regarding the effectiveness of defense counsel’s advice in the plea bargain process which often, and in this case, essentially involves only the client/defendant and attorney. The deliberative process in advising a client about a plea offer is shrouded in secrecy most of the time. When years later, a dispute erupts about the actions of the two participants in the plea offer setting, determining the actuality of what was discussed, advised, and…