Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERARDO VILLASENOR, No. 2:16-cv-03044-JAM-CKD (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS M. ELIOT SPEARMAN, Respondent. 16 Petitioner is a California state inmate proceeding through counsel with a federal habeas corpus petition filed pursuant to 28 U.S.C. § 2254 challenging his conviction for the attempted premeditated murder of Armando Lopez. Respondent filed an answer to the petition on March 2, 2017 and petitioner filed a traverse on March 3, 2017. ECF Nos. 8, 9. The court ordered supplemental briefing on September 13, 2019 concerning the application of the Supreme Court decision in Harrington v. Richter, 526 U.S. 86 (2011), to petitioner’s claim involving newly discovered evidence. The parties submitted briefs in accordance with the court’s supplemental briefing schedule. Upon careful consideration of the record and the applicable law, the undersigned recommends that the petition be denied for the reasons set…