Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL L. MCKUIN No. 2:19-cv-02153 DAD DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner Michael McKuin, a state prisoner, proceeds pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a judgment of conviction entered on October 17, 2016 in the San Joaquin County Superior Court. Petitioner was convicted of first degree murder. Petitioner now claims: (1) ineffective assistance of appellate counsel; (2) there is insufficient evidence to support his conviction; and (3) ineffective assistance of trial and appellate counsel for failing to contest the admissibility of DNA expert testimony. For the reasons set forth below, this Court recommends denying the petition for habeas relief. BACKGROUND I. Facts Established at Trial The California Court of Appeal for the Third Appellate…