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Sneed v. Brown

United States District Court, D. Oregon

December 6, 2017

JOHN MICHAEL SNEED, Petitioner,
v.
JAMIEL BROWN, et al., Respondents.

          Mark Ahlemeyer Assistant Federal Public Defender Attorney for Petitioner

          Ellen F. Rosenblum, Attorney General Kristen E. Boyd, Assistant Attorney General Attorneys for Respondent

          FINDINGS AND RECOMMENDATION

          Patricia Sullivan United States Magistrate Judge

         Petitioner brings this habeas corpus case pursuant to 28 U.S.C. § 2254 challenging the legality of his state-court convictions for Sexual Abuse in the First Degree. For the reasons that follow, the Amended Petition for Writ of Habeas Corpus (#9) should be denied.

         BACKGROUND

         On March 2, 2007, the Multnomah County Grand Jury indicted Petitioner on three counts of Sexual Abuse in the First Degree for inappropriately touching CB, the 11-year-old daughter of Petitioner's friend and colleague. Respondent's Exhibit 102. As part of the investigation for the case, the police asked CB to place a recorded call to Petitioner under a pretext. A transcript of the call was read to the jury during trial:

CB: I had health class today.
Petitioner: Uh-huh.
CB: And all that.
Petitioner: About you touching or someone else touching them?
CB: Someone else touching them.
Petitioner: Uh-huh.
CB: And they said that it wasn't okay.
Petitioner: Well?
CB: And - but I thought it was okay, but - Petitioner: It's okay if you want them to. It's not okay if you ...

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