Babby

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JARED TOMLINSON, No. 2:19-cv-817 JAM EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DAVID BABBY,1 Respondent. 16 Petitioner is a California parolee who, proceeding through counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was charged and convicted in the Butte County Superior Court of: (1) oral copulation of a person under sixteen (§288a, subd. (b)(2)); (2) sodomy of a person under sixteen (§286, subd. (b)(2)); and (3) attempted sodomy of person under sixteen (§§ 664/286, subd. (b)(2)). His habeas petition raises three claims. First, he claims he was deprived of due process when the trial court admitted testimony to show propensity. Second, he claims that the prosecutor violated his due process rights by vouching for the credibility of an adverse witness. Third, he claims that the cumulative effect of the foregoing errors warrants habeas relief.

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