(HC) Torres v. Houston

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEPHANIE N. TORRES, No. 2:21-cv-00743 KJM GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MONA D. HOUSTON, Warden, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding 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(c). Poor aim or not, if one shoots a bullet at another person, such a shooting can be termed “attempted murder.” It was in this case. Petitioner contends that the evidence was insufficient to show that she actually intended to kill anyone. However, petitioner’s argument about insufficient evidence essentially constitutes the oft argued, fallacious assertion that if the evidence could be construed in petitioner’s favor, the evidence for conviction is ipso facto insufficient. That argument fails here as well. Also,…