McDowell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EZEKIEL ISIAH DELGADO, No. 2:21-cv-1084 TLN DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS NEIL McDOWELL, Respondent. 16 Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus under 28 U.S.C. §2254. Petitioner challenges his conviction imposed by the Sacramento County Superior Court in 2020 for two counts of first-degree murder with a special circumstance of multiple murders and one count of discharging a firearm into an occupied vehicle. Petitioner was sentenced to a term of 100 years to life. Petitioner raises the following claims: (1) his statements to police were obtained in violation of his Miranda rights; (2) his statements were obtained as the result of an unlawful arrest; (3) there was insufficient evidence of premeditation and deliberation; (4) a jury instruction on felony murder violated due process; (5) an inadequate instruction on the defense of voluntary…