Diaz
(HC) Otero v. Diaz
United States District Court, Eastern District of CaliforniaDecember 17, 20202:19-cv-00381California13,023 words
Opinion
Trial Court Opinion
Case 2:19-cv-00381-MCE-KJN Document 11 Filed 12/17/20 Page 1 of
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JOHN ROBERT OTERO, No. 2:19cv00381 MCE KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS RALPH M. DIAZ, Secretary of the California Department of Corrections and Rehabilitation, Respondent.
I. Introduction
Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2017 conviction for sexual
penetration with a child under ten and continuous sexual abuse. Petitioner was sentenced to
years to life plus 12 years in state prison. Petitioner claims that: (1) the trial court violated his
due process rights by admitting expert testimony concerning Child Sexual Abuse
Accommodation Syndrome (CSAAS); (2) trial counsel provided ineffective assistance of…