Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD WAYNE MORSE, No. 1:23-cv-00196-JLT-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS BRIAN D. PHILLIPS, [THIRTY DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently in state prison serving a life sentence for four counts of committing a lewd and lascivious act on a child under fourteen years of age. Petitioner claims a violation of his constitutional rights under Miranda v. Arizona, 384 U.S. 436 (1966), and he claims the evidence was insufficient to support the guilty verdict. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On October 25, 2018, a Stanislaus County jury found Petitioner guilty of four counts of 26 …