Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE REYNOLDS, No. 2:19-cv-02193 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS R. NEUSCHMID, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding in pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Petitioner, Willie Reynolds, federally attacks his domestic abuse conviction in this habeas action on one, somewhat confusing (and unbriefed) ground: The jury instruction, CALCRIM 850 unconstitutionally permitted consideration of an expert’s testimony on intimate partner battering to be used to enhance the complainant’s credibility thereby lowering the prosecution’s burden of proof. Expressly omitted was a second issue raised on direct appeal regarding the possible, inconsistent wording of CALCRIM 850. As the challenged instruction…