Jae Jeong Lyu v. Robert Luna

INTRODUCTION

19 In September 2023, Jae Jeong Lyu (“Petitioner”) filed a Petition for Writ of 20 Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (Dkt. 1 21 (“Pet.”).) In November 2023, the Petition was dismissed due to Petitioner’s failure 22 to pay the initial filing fee. (Dkt. 4.) On December 1, 2023, the Court received 23 Petitioner’s $5 filing fee, prompting the reopening of his case. (Dkt. 5, 6.) 24 Public records show from Los Angeles Superior Court (“LASC”) case 25 number BA439082 show the following. Petitioner worked as a massage therapist,

27 1 The Court has issued a separate minute order taking judicial notice of public records relevant to this case and attaching any public records referenced in and, in 2015, he was charged with four crimes arising out of a sexual assault of a massage client, Vanessa S.: sexual battery involving an unconscious person, forcible sexual penetration, forcible oral copulation, and failing to register as a sex offender. After a jury convicted him of all four charges, the trial court sentenced him to a total term of 17 years. On appeal, the California Court of Appeal reversed his…