Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OLEG TARASUK, No. 2:19-cv-0573 AC Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT NEUSCHMID, 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 2015 conviction for second degree murder, driving under the influence, and related offenses. Respondent has answered, ECF No. 9, and petitioner has filed a traverse, ECF No. 14. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in Placer County with multiple felonies arising from a pedestrian fatality that followed petitioner’s flight from police in his vehicle. The case went to trial. //// //// B. The Evidence Presented at Trial The jury heard…