Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

RYAN JUDSON MOORE, No. 2:19-cv-155-WBS-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS SCOTT FRAUENHEIM, Respondent.

Petitioner is a California state prisoner who, proceeding with counsel, brings an

application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was convicted in the

Solano County Superior Court of second degree murder (Pen. Code § 187, subd. (a)) and firearm

enhancements (§§ 12022.53 (b)-(d)). The instant habeas petition raises three claims. First,

petitioner argues that the state court erred when it concluded that his constitutional rights were not

violated in light of a juror’s prejudicial statements during deliberations. Second, he argues that

the state court of appeal unreasonably concluded that the jury’s discussions regarding his failure

to testify did not amount to federal constitutional…