The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS [Doc. 1]
Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Following a jury trial in the Fresno County Superior Court, Petitioner was convicted of corporal injury to a spouse or cohabitant (Ca. Pen. Code*fn1 § 273.5, subd. (a); count 1). Petitioner was acquitted of forcible sodomy (§ 286, subd. (c)(2); count 2) and criminal threats (§ 422; count 3). Petitioner admitted he had two prior convictions under the three strikes law. Petitioner was sentenced to a total prison term of 25 years to life.
Petitioner filed a timely notice of appeal. On April 2, 2009, the California Court of Appeal, Fifth Appellate District affirmed the judgment.
On May 8, 2009, Petitioner filed a petition for review. The petition was denied on June 10, 2009.
On March 24, 2010, Petitioner filed a post-conviction collateral petition in the Fresno County Superior Court. The petition was denied in a reasoned decision on June 2, 2010.
On June 17, 2010, Petitioner filed a petition for writ of habeas corpus in the California Court of Appeal, Fifth Appellate District. The petition was summarily denied on September 9, 2010.
Petitioner then filed a petition for writ of habeas corpus in the California Supreme Court on November 12, 2010. The petition was summarily denied on June 8, 2011.
Petitioner filed the instant federal petition for writ of habeas corpus on September 6, 2011. Respondent filed an answer to the petition on January 24, 2012, and Petitioner filed a traverse on March 21, 2012.
Although the parties extensively detail the facts describing the relationship between [Petitioner] and the victim leading up to the night in issue, it is adequate for our purposes to provide a general summary.
The victim, Vanessa V., testified that she met [Petitioner] in high school when she was 15 years old. They started living together when Vanessa was 16 years old. At first they lived with [Petitioner's] parents and later they lived with Vanessa's father. Vanessa and [Petitioner's] relationship lasted approximately eight years.
On February 8, 2007, Vanessa tried to sleep while [Petitioner] stayed up in their room drawing and getting out his comic books. Throughout the night, [Petitioner] would often try to wake Vanessa up and get her attention by kicking her and yelling names such as "[w]hore and "slut."
Around 4:30 a.m., Vanessa woke up and [Petitioner] asked her to go for a drive with him. They left the house and drove to a local pool park. After they parked the car, [petitioner] began to tell Vanessa how he was tired of her, he hated her, she had ruined his life, and his parents hated him because of her. [Petitioner] then told Vanessa to pull her pants down and get in the backseat. Vanessa said no because she was on her period. When [Petitioner] replied that he did not care, Vanessa followed his instructions and got in the backseat.
[Petitioner] followed Vanessa into the backseat and began having anal sex with her. Vanessa testified that she started crying and told [Petitioner] to stop because it hurt. According to Vanessa, [Petitioner] refused her repeated requests to stop and forced her to continue having anal sex with him. He also hit her numerous times, often when she would try to get away from him. Vanessa described how [Petitioner] hit her on the "right side of [her] back torso" with his fist, stomped down on her leg with his foot, and choked her for several seconds with his left hand. [Petitioner] also scratched and hit her in other areas of her body, including her arms, head, and forehead. Vanessa further testified that while they were at the pool park, [Petitioner] threatened to kill her or her father if she told anyone what happened. Vanessa believed [Petitioner] because she had observed [Petitioner] push his mother in the past.
Vanessa sustained numerous bruises as a result of the incident at the pool park. The bruises were documented and photographed by a nurse that performed a sexual assault examination on Vanessa later that afternoon. Although [Petitioner] had hit her in the past, Vanessa confirmed that she received these bruises during the February 8 incident, and that she did not "receive any of these injuries from prior sexual relationships or sexual acts" with [Petitioner].
Prior Domestic Violence Evidence
On one occasion around August 2006, [Petitioner] came up to Vanessa while she was getting ready for work and started hitting her in the stomach. On another occasion, they were arguing and [Petitioner] picked up ...