Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREY YUSHCHUK, No. 2:20-cv-2137 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner is a state prisoner proceeding pro se on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition challenging petitioner’s 2016 conviction for second degree murder. ECF No. 1. Respondent has answered. ECF No. 16. Petitioner did not file a traverse. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings The charges arose from a fatal car crash in Placer County in 2012. Petitioner was charged with several counts related to driving under the influence of alcohol, and with second degree “Watson murder.” See People v. Watson, 30 Cal.3d 290 (1981) (implied malice supports second degree murder liability when defendant does an act with a high probability it will result in death 28 …