Pollard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACK LEE BREINER No. 2:21-cv-1053 DAD DB Petitioner, v. FINDINGS AND RECOMMENDATIONS M.POLLARD, Respondent. 16 Petitioner Jack Lee Breiner, a state prisoner, proceeds pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his conviction entered on March 10, 2019 in the Modoc County Superior Court. A jury found petitioner guilty of premeditated murder of a peace officer engaged in the performance of his duties by means of discharging a firearm from a motor vehicle, attempted murder, and possession of a firearm by a prohibited person, finding true the multiple firearm allegations. In his habeas petition, petitioner raises the following claims: (1) procedural due process violation for failure to hold a competency hearing; (2) jury instructional error regarding imperfect self-defense; (3) jury instructional error for failing to define “delusion” in the imperfect self-defense…