Spearman
(HC) Chavez v. Spearman
Opinion
Trial Court Opinion
Case 2:19-cv-01169-KJM-DB Document 21 Filed 06/10/20 Page 1 of
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MIKE JOSEPH CHAVEZ, Jr., No. 2:19-cv-1169 DB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
MARION SPEARMAN, Respondent.
Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a
writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his conviction imposed by
the Sacramento County Superior Court in 2015 on twelve counts of lewd and lascivious conduct
with a child under the age of 14 years. Petitioner claims: (1) the admission of character evidence
violated his due process rights; (2) his counsel was constitutionally ineffective; (3) the prosecutor
vouched for witnesses’ truthfulness; (4) the prosecutor committed misconduct in argument; (5)
the prosecutor presented false evidence; (6) the trial court’s denial of a…