Sutton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYWAN LEONAR JOHNSON, No. 2:17-cv-00958 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOHN SUTTON, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition at ECF No. 1, which challenges petitioner’s 2015 conviction for second-degree murder and related offenses. Respondent has filed an answer, ECF No. 26; petitioner did not file a traverse. BACKGROUND I. Proceedings In the Trial Court A. Pretrial Proceedings and Jury Selection Petitioner was charged in Sacramento County with first-degree murder, torture, and a deadly weapon use enhancement. Petitioner is black, and the victim was white. During jury selection, the prosecutor exercised peremptory challenges against three black prospective jurors. Defense counsel made a 28 1 …