Fisher

(HC) Dias v. Fisher

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20212:20-cv-00410California8,985 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HUMBERTO CASTILLO DIAS No. 2:20-cv-0410 JAM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS RAYTHEL FISHER, Respondent. 16 Petitioner, a state prisoner, proceeds pro se and in forma pauperis seeking a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a judgment entered in the Solano County Superior Court convicting him of oral copulation with a child under 10. Petitioner claims his due process rights were violated by the admission of evidence pertaining to Child Sexual Abuse Accommodation Syndrome (“CSAAS”) and the trial court’s refusal of a defense-proposed modification to a jury instruction. As discussed below, it is recommended that the petition for a writ of habeas corpus (ECF No. 1) be denied. BACKGROUND I. Facts Established at Trial The California Court of Appeal provided the following summary of the trial evidence: The Victim’s Testimony …

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