Frauenheim
(HC) Drake v. Frauenheim
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATHEW DRAKE, No. 2:19-cv-1214 TLN CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS SCOTT A. FRAUENHEIM, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Following a Sacramento County jury trial which ended on February 22, 2016, petitioner was found guilty of first-degree murder and was eventually sentenced to 51-years-to-life imprisonment. ECF No. 15-2 at 144-146. Petitioner raises a single claim of ineffective assistance of counsel arising under the Sixth Amendment. For the reasons which follow, the court recommends that petitioner’s application for a writ of habeas corpus be denied. I. Background On direct appeal, the California Court of Appeal summarized the evidence presented at trial as follows: At the time of her murder on April 22, 2014, [Fallon] Boroja lived in a Sacramento house with housemates,…