Espinoza

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ASHLEIGH SMITH, No. 2:18-CV-2877 DJC AC Petitioner, v. FINDINGS AND RECOMMENDATIONS J. ESPINOZA, 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 First Amended Petition, ECF No. 6, which challenges petitioner’s 2016 conviction for assault causing the death of a child. Respondent has answered. ECF No. 12. Petitioner did not file a traverse, and the time for doing so has long since expired. BACKGROUND I. Proceedings in the Trial Court Petitioner Ashleigh Smith and her partner Terry Scott were charged in Sacramento County with murder and child abuse in relation to the death of their three-month-old son, Tyrese. They were tried together. //// //// A. The Evidence Presented at Trial 1. Prosecution Case The…