Jaiceris

DENIAL OF PETITION FOR WRIT OF HABEAS CORPUS

This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. § 2254 . The court ordered respondent to show cause why the writ should not be granted. Respondent’s motion to dismiss on grounds it was not possible to determine petitioner’s claims was granted and the petition was dismissed with leave to amend. After amendment, the court issued another order to show cause. Respondent has filed an answer and a memorandum of points and authorities in support of it, and has lodged exhibits with the court. Petitioner has responded with a traverse. The matter is submitted.

STATEMENT

Petitioner was convicted by a jury on multiple counts of sex crimes. He was sentenced to prison for fifty-five years. As grounds for habeas relief he asserts that: (1) his due process rights were violated by admission of evidence of other crimes; (2) evidence was erroneously admitted; (3) the trial judge should have given a jury instruction, CALJIC. 2.23, sua sponte; (4) his counsel was ineffective; and (5) he was seen in shackles by the jurors.

The following facts are taken from the opinion of the California Court of Appeal:

Ex. F at 1-10…