Warden

(HC) Fitzpatrick v. Warden

Good Law
United States District Court, Eastern District of CaliforniaAugust 3, 20232:17-cv-02713California6,064 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN EMMETT FITZPATRICK, No. 2:17-cv-02713 KJM AC Petitioner, v. FINDINGS AND RECOMMENDATIONS WARDEN, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the original petition, ECF No. 1, which challenges petitioner’s 2014 conviction for multiple offenses involving the sexual abuse of his daughter. Respondent has answered. ECF No. 18. Petitioner did not file a traverse. BACKGROUND Petitioner was arrested for sex offenses against his 10-year-old daughter, K.F., on August 27, 2013, in Sacramento County. During interrogation at the police station, petitioner initially denied the molestation allegations and later admitted multiple sex acts with K.F. On August 21, 2014, petitioner was charged in an amended information with four counts of sexual intercourse or sodomy…

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