Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE E. BRADLEY, No. 2:22-cv-0197 KJM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS BRIAN KIBLER, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his conviction imposed by the Solano County Superior Court in 2019 for first degree felony murder. Petitioner alleges his due process rights were violated because: (1) there was insufficient evidence to support the jury’s finding that he acted with “reckless indifference to human life,” and (2) the trial court refused to instruct the jury on attempted robbery as a lesser included offense of felony murder. For the reasons set forth below, this court will recommend the petition be denied. BACKGROUND I. Facts Established at Trial The California Court of Appeal for the First Appellate District provided the following…