Paramo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN EUGENE RICE, Case No. 1:18-cv-00111-JLT-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THE AMENDED PETITION FOR

v. WRIT OF HABEAS CORPUS BE DENIED DANIEL PARAMO, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 32 16 Petitioner Justin Eugene Rice, a state prisoner represented by counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. He maintains, inter alia, that his trial counsel was constitutionally ineffective because that attorney made a split-second decision to point out to the court an issue with the verdict forms: the jury had, in violation of the court’s instructions, failed to indicate whether it was finding petitioner guilty of the most serious charges against him—three counts of second degree murder. Advised of the error, the court sent the jury back to deliberate further, after which it convicted petitioner of these counts. This court must consider whether the…