Kibler

(HC) Ramirez v. Kibler

Good Law
United States District Court, Eastern District of CaliforniaMay 9, 20222:21-cv-01061California5,624 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL A. RAMIREZ, No. 2:21-cv-01061 KJM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS B. KIBLER, Respondent. 16 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 conviction on 12 counts related to his sexual abuse of his stepdaughter. Petitioner was sentenced to 25 years, 4 months in state prison. Petitioner raises three claims: (1) the trial court incorrectly instructed the jury that continuous sexual abuse is a general intent crime; (2) the trial court incorrectly instructed the jury that it needed unanimous agreement as to only one act of continuous sexual abuse; and (3) cumulative trial errors deprived him of due process. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On May 13, 2016, a jury found…

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