(HC) McFadden v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARREN JARRELL McFADDEN, No. 2:18-cv-02448 TLN KJN (HC) Petitioner, v. FINDINGS & RECOMMENDATIONS KEN CLARK, Warden, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding with counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2015 conviction for first degree murder and attempted murder. Petitioner was sentenced to state prison for twenty-five years to life and life with the possibility of parole. Petitioner claims that there was insufficient evidence to support his convictions. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History1 On December 17, 2014, a jury found petitioner guilty of first degree murder (Cal. Pen. Code, § 187(a) [count 1]) and attempted murder (Cal. Pen. Code, §664/187(a) [count 2]). (LD 1

1 Petitioner was tried along with co-defendant Danny…