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Case 2:19-cv-01999-KJM-KJN Document 19 Filed 11/18/21 Page 1 of

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MARLON PALMER, No. 2:19-cv-01999 KJN P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

TAMMY FOSS, Warden, Respondent.

I. Introduction

Petitioner is a state prisoner, proceeding with counsel, with an application for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2016 conviction for second

degree murder. Petitioner was sentenced to forty-five years to life in state prison. Petitioner

claims that he was denied the right to a fair trial when the trial court excluded evidence of third-

party culpability and was denied his constitutional right against self-incrimination when the

prosecutor argued that petitioner failed to testify and present evidence of his innocence. After

careful review of the record, this court…