Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH McCARTY, No. 2:19-cv-00223 TLN KJN Petitioner, v. FINDINGS & RECOMMENDATIONS SCOTT KERNAN, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2014 convictions for domestic violence with a great bodily injury enhancement and vandalism. Petitioner was sentenced to thirty-nine (39) years in state prison. Petitioner claims the following: (1) ineffective assistance of trial counsel; (2) ineffective assistance of appellate counsel; (3) insufficient evidence of great bodily injury; (4) a Faretta violation; and (5) cruel and unusual punishment. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On October 7, 2014, a jury found petitioner guilty of corporal injury upon a spouse (Cal. Pen. Code, §§…