Patino

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OSCAR GILBERTO PATINO, Case No. 19-cv-04462-WHO (PR)

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

CRAIG KOENIG, Re: Dkt. No. 1 Respondent.

12 Petitioner Oscar Gilberto Patino seeks federal habeas relief from his state convictions on grounds that: (i) the admission of Miriam Wolf’s expert testimony regarding Child Sexual Abuse Accommodation Syndrome (“CSAAS”) was a violation of his due process right to a fair trial; and (ii) in the alternative, if the court finds that trial counsel did not properly preserve the objections to the CSAAS evidence, then counsel provided ineffective assistance in violation of his Sixth and Fourteenth Amendment rights. As to the first claim, the California Court of Appeal clearly and expressly stated that its decision rests on a state procedural bar, and procedural default is appropriate because Patino failed to make a contemporaneous objection to the CSAAS testimony and the…