Shumate

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND REQUEST FOR EVIDENTIARY HEARING

INTRODUCTION

Petitioner, a California state prisoner incarcerated at California State Prison, So-lano, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 , raising 15 claims with numerous subparts. Applying the deference to state court determinations required by the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996, the Court rejects each claim raised. The petition is DENIED.

STATEMENT

On February 6, 1995, an Alameda County, California, jury convicted Neil R. Shu-mate of 16 counts of sexual misconduct involving minors. The jury further found to be true a number of charged special allegations. On August 17, 1995, the trial judge sentenced petitioner to a state prison term of 12 years. Petitioner appealed his conviction to the California State Court of Appeal, First Appellate District (“state court of appeal”). At the same time, he filed a petition for writ of habeas corpus in the same court. In an opinion that disposed of both matters, the state court of appeal reversed as time-barred four convictions for acts of sexual misconduct involving petitioner’s…