Costello Blackwell v. People of the United States of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COSTELLO BLACKWELL, No. 2:25-cv-0032 DC CSK P Petitioner, v. FINDINGS & RECOMMENDATIONS PEOPLE OF THE UNITED STATES OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a county jail inmate proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2021 conviction for the attempted murder of Teiquon Cortez, assault with a firearm, personal use of a firearm during the assault, and discharge of a firearm causing great bodily injury during the attempted murder. (ECF No. 6 at 2, 3, 5, 7.) Petitioner’s motion for stay and abeyance is before the Court. As discussed below, petitioner’s motion should be denied. I. PETITIONER’S CLAIMS In the petition, petitioner claims that the: (1) prosecution admitted false testimony about the DNA evidence; (2) trial court erred when the prosecution was allowed to admit evidence about the uncharged murder of Huckaby; and (3) trial court erred…