Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAIRO VELASQUEZ MAIRENA, No. 2:23-cv-00554-DAD-CSK Petitioner, v. FINDINGS AND RECOMMENDATIONS GENA JONES, Respondent.

Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2020 conviction for sexual intercourse with a child 10 years or younger (Cal. Penal Code § 288.7(a)) and two counts of committing lewd acts upon a child under the age of 14 (Cal. Penal Code § 288(a)). Petitioner is serving a sentence of 31 years to life. Petitioner raises the following claims in his petition: (1) improper admission of expert opinion of pediatrician; (2) improper admission of Child Sexual Abuse Accommodation Syndrome (CSAAS) testimony; (3) prosecutorial misconduct in closing argument; (4) ineffective assistance of counsel for failing to object to prosecutor’s argument; and (5) erroneous jury instruction. After careful review of the…