(HC) Watson v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DALE WILLIAM WATSON, No. 1:24-cv-00567-KES-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS STEPHEN SMITH, [THIRTY-DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. As discussed below, the Court finds the petition to be without merit and recommends it be DENIED. I. PROCEDURAL HISTORY On April 2, 2021, a Tulare County jury found Petitioner guilty of one count of second degree murder (Cal. Penal Code § 187(A), one count of being a felon in possession of a firearm (Cal. Penal Code 29800(a)(1), and one count of unlawful possession of ammunition (Cal. Penal Code § 30305(a)(1)). (Doc. 11-36 at 297.1) The jury found true allegations that…