Gamboa

(HC) Kasianov v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaAugust 5, 20212:21-cv-00193California1,325 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OLEKSANDR KASIANOV, No. 2:21-cv-00193 JAM GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GAMBOA, Warden, Respondent. 16 17 Introduction and Summary Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). The habeas petition in this case raises an issue of the use of “propensity” evidence as a violation of due process (Grounds 1 and 4). ECF No. 1. Ground 3 raises an omnibus and vague ineffective assistance of counsel claim on “all issues.” It also alleges a state law error in imposing consecutive sentences (Ground 2). After conviction and sentencing, the initial appeal was filed. The California Court of Appeal, Third Appellate District (“Court of Appeal”) remanded for resentencing purposes the order regarding a…

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