Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARDO VINCENT OLGUIN, No. 2:21-cv-0368-JAM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS BRIAN KIBLER, Warden, Respondent. 16 Petitioner is a state prisoner proceeding through counsel with this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his 2017 convictions for violating California Penal Code § 288(a) (lewd and lascivious conduct on a child under fourteen) and (c)(1) (lewd and lascivious conduct on a fourteen-year-old). ECF No. 1 at 2. Petitioner alleges that: (1) his trial counsel rendered prejudicially ineffective assistance of counsel by failing to object to testimony regarding the victim’s credibility; (2) the trial court denied him his right of confrontation when it took an expert’s testimony outside petitioner’s presence pursuant to his waiver, because the expert exceeded the permissible scope of his testimony; and (3) the trial court denied him due process by allowing the…