Silva
Silva v. Koenig
Opinion
trial_court Opinion
I. FACTUAL BACKGROUND
16 The California Court of Appeal summarized the facts of Petitioner’s offense as follows. 17 This summary is presumed correct. See Hernandez v. Small, 282 F.3d 1132, 1135 n.1 (9th Cir. 18 2002); 28 U.S.C. § 2254(e)(1). 19 The Prosecution’s Evidence 20 In the fall of 2011, 13-year-old Victoria Doe lived in an apartment with her mother and defendant. Defendant and Victoria’s mother 21 were dating.
22 On October 31, 2011, Victoria fell asleep in her Halloween costume. Victoria woke up and “somebody” was “touching” her. She testified 23 that she had no clothes on, and the person had their fingers in her vagina. Victoria moved, and the person walked out of her bedroom. 24 Victoria went to the bathroom and cried. When she left the bathroom, she saw defendant sleeping on the couch with the television on. 25
26 1 Tim Johnson, the current warden of the prison where Petitioner is incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. 27 Victoria thought this was unusual because defendant did not sleep 1 with the television on.