Hatton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREY BERNIK, No. 2:17-cv-2348 DAD AC Petitioner, v. FINDINGS AND RECOMMENDATIONS SHAWN HATTON, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the original petition, ECF No. 1, which challenges petitioner’s 2011 conviction for second degree murder. Respondent has answered, ECF No. 11, and petitioner filed a traverse, ECF No. 22-1. BACKGROUND I. Proceedings in the Trial Court A. The Evidence Presented at Trial The jury heard evidence of the following facts. Stephan Bernik owned a landscaping business. He negotiated to sell the business to Valeriy Pishtoy and accepted a deposit from him. The two could not reach agreement, however, and Pishtoy asked for his deposit back. They both 27 This statement of facts is adapted from…