griffin v gipson case brief

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Any reply to the objections shall be served and filed within fourteen days after service of the objections. 4. This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. Rather, "when a federal claim has been presented to a state court and the state court has denied relief, it may be presumed that the state court adjudicated the claim on the merits in the absence of any indication or state-law procedural principles to the contrary." After Knorr was dropped off, she called B.K. 1 at 2.) Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. 2d 549, 552, 553 [29 Cal. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accuseds silence as evidence of guilt. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) at 786-787. 3d 466]. FN 1. Theyre not no 29th Street Garden Block Crips. Garden Block Crips is another name for the 29th Street Crips. The father's uncontradicted evidence establishes a picture of fitness. (Jackson v. Virginia, 443 U.S. 307, 319 (1979). See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. The Court of Appeal identified the elements of the crime of conspiracy to commit murder and explained how circumstantial evidence, including common gang membership, the conduct of the defendants, the nature of the act done, the relationship of the parties and the interests of the alleged conspirators, could be used to prove an agreement or unlawful design. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. ), [1b] We therefore conclude the Uniform Parentage Act, sections 7006 and 7010, in clear and unmistakable language, grants a right to the father here to bring an action to establish the child-parent relationship and upon the determination of the existence of that relationship to secure an order compelling visitation privileges with the child provided, of course, it is "in the best interest of the child." They're obviously very well experienced and but the problem, nobody can come in here and say, gosh, looks like the evidence has shown that they're guilty. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. She testified that she looked back toward the car and saw two men pointing their guns at her. No. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. Petitioner is cautioned that the habeas corpus statute imposes a one year statute of limitations for filing non-capital habeas corpus petitions in federal court. Hence, substantial evidence supports Griffins conviction for conspiracy to commit murder. Cal. Indeed, prosecutors have taken more egregious shots at defense counsel and have been found not to have committed misconduct. The highest priority and first strategy required for any organizational change is to: What value does jetblue create for its customers, Pearl products limited of shenzhen china manufactures and distributes, Sault ste marie international bridge prox card, Sample letter to patient unable to contact by phone, Generic statistical information model gsim, Reverend parris reputation in the crucible, The pediatrician described jason's pharynx, Internal controls for sales and collection cycle, The following selected transactions are from ohlmeyer company, Three pillars of the colangelo college of business, Social legal and ethical issues in marketing. Synopsis of Rule of Law. The right-duty relationship existing between the parent and child are equalized without reference to the marital status of the parents, without regard to sex. 357 (2002). They pointed guns at her and told her not to say anything. 1881 (1975)). Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. Filing 4. Civil Code sections 7001 and 7002 provide in pertinent part: "7001. (Civ. 3d 472]. 2005). He was also convicted of active participation in a criminal street gang. Petitioner's sufficiency of the evidence claim should be denied. 3d 517, 522 [108 Cal. Civil Code section 197 as amended by the Uniform Parentage Act does not purport to deal, either specifically or generally, with the rights of a man who alleges and proves himself to be the father under section 7006, subdivision (c). Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. If the court finds that the man representing himself to be the natural father is a presumed father under subdivision (a) of Section 7004, then the court shall issue an order providing that the father's consent shall be required for an adoption of the child. The second method for determining the father-child relationship is by a legal action brought by the man alleging himself to be the father. Knorr also worked for Nate. Such judgment "may contain" an order directed against the "appropriate party" concerning "visitation privileges with the child." (Id., ECF No. Petitioner's characterization of the prosecutor's statements regarding Ms. Doe crying on the witness stand as an invitation of guilt is another way of stating that the prosecution improperly shifted the burden of proof by calling Miss Doe a victim. Others participate in only one transaction; they are the spokes in the wheel. Each of the five reaction papers will be approximately two pages in length. ), Civil Code section 4601 provides: "Reasonable visitation rights shall be awarded to a parent unless it is shown that such visitation would be detrimental to the best interests of the child." September 19, 1977. In January 2007, Destiny Doe and Knorr were living at the residence of Nate E. in Sacramento. 2:11-1358 JKS. ", "7002. 28 U.S.C. In sum, petitioner contends that his relative kindness to Ms. Doe prior to the shooting, the lack of direct evidence of an agreement to kill Ms. Doe, and Ms. Does inability to identify whether there were one or two shooters do not support the inference that petitioner joined in an agreement to kill Ms. Doe. Log In Sign Up. Id. App. United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). When Knorr arrived, she was upset and said Nate had insulted the gang. If any of them fails to appear or, if appearing, fails to claim custodial rights, his parental rights with reference to the child shall be terminated. The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. On this evening, Mia was banging on the window and trying to get Nate to come outside and talk with her. 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. . An unemancipated minor can sustain a negligence action against a parent. (Bowland v. Municipal Court, 18 Cal. (Id. App. Different types of maps in human geography, Human resource management applications 7th edition solutions, Assessing a Healthcare Program/Policy Evaluation, New century wellness group case study answers, Change management simulation power and influence answers, Leadership enhancing the lessons of experience 6th edition, The Belmont Report and the Declaration of Helsinki, Jerome kagan's classification of temperament focuses on, Worm and distributed denial of service ddos agent infestation, Https greatergood berkeley edu quizzes ei_quiz take_quiz, Subject: Strategic Decision Making /Subject: Initiating the Project. Rptr. Tyler told Doe she was going to go out and start making money for him. Civil Code section 7017 defends the bounds of parental rights where the mother proposes to relinquish a child for adoption. On the evening of January 22, 2007, Doe and Knorr were returning home in Does car when Doe received a call from Nate telling her Knorr had been kicked out of the residence and not to bring her to Nates house. Kidd and Griffin were both armed with handguns. 2d 336, 341. She began walking faster and then running and continued to hear gunshots. When James was accompanying While they lived together, Knorr often bragged to Doe about things she and her Crip homies did together. The established Supreme Court authority reviewed must be a pronouncement on constitutional principles, or other controlling federal law, as opposed to a pronouncement of statutes or rules binding only on federal courts. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. at 2448. Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. California. Doe got up and moved to what had been Knorrs bedroom, which was toward the back of the residence. 2140 (2004)) . See, e.g., People v. Cortez,18 Cal.4th 1223, 1229, 77 Cal.Rptr.2d 733, 960 P.2d 537 (1998); People v. Swain,12 Cal.4th 593, 612-13, 49 Cal.Rptr.2d 390, 909 P.2d 994 (1996). at 784-85, citing Harris v. Reed,489 U.S. 255, 265, 109 S.Ct. Indeed, in beginning her rebuttal argument, the prosecutor explained that "the party that has the burden of proof speaks first and is allowed to have to opportunity to make a rebuttal argument to a jury." 601, 387 P.2d 377].) 2d 579, 587, 588 [35 Cal. 1244) the "child and parent relationships" extend equally to every child and to every parent regardless of the marital status of the parent. All statutory references to "legitimacy" and "illegitimacy" are eliminated. After stopping at another residence for 15 or 20 minutes, they drove to an area near railroad tracks and an empty field. We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. The Court of Appeal rejected this claim on direct appeal as follows: When a challenge is brought alleging insufficient evidence, federal habeas corpus relief is available if it is found that upon the record evidence adduced at trial, viewed in the light most favorable to the prosecution, no rational trier of fact could have found "the essential elements of the crime" proven beyond a reasonable doubt. 16/10/2021 Client: muhammad11 Deadline: 2 Day. (Estate of Taylor, 6 Cal. DAVID GRIFFIN, Petitioner, 132].). [73 Cal. Code, 7000 et seq., enacted Stats. I will provide you the 100 percent original and plagiarism-free content. Therefore concludes the mother, a parent and child relationship does not exist under Civil Code section 7001 and no rights of visitation accrue. Stanley points out due process entitles an unwed father to a hearing on his fitness as a parent before his children are taken from him and proceedings which deny such opportunity to him are a denial of equal protection of the law. Defense counsel objected on the grounds that the argument misstates the burden of proof because it suggests that the Miss Doe "was crying because she was the victim of a crime when it's [the prosecution's] burden to prove that she was a victim." It also occurred in the Watergate conspiracy trials involving President Nixons associates during the 1970s, in the alleged conspiracies surrounding the sale of arms to Iran for hostages and the subsequent alleged diversion of funds during the 1980s, and in the alleged conspiracy of Osama bin Ladens chauffer and the various alleged conspiracies of officials in the White House during the early 2000s. Those states have refined mens rea to include only purposeful conductthat is, a specific intent to carry out the objective of the agreement or combination. When a state court decision on a petitioner's claims rejects some claims but does not expressly address a federal claim, a federal habeas court must presume, subject to rebuttal, that the federal claim was adjudicated on the merits. To break this down further, the holding indicates that an inference as to ones silence nullifies the reason for taking the silence to begin with. Wright v. Van Patten,552 U.S. 120, 125, 128 S.Ct. Neither section treats the issue here presented. v. 1985), cert. Michael Lynn Griffith, in pro. Tyler overheard her say fuck Nate and told the guys they could go to his house and take whatever they wanted because she left the front door unlocked. Younger v. Superior Court, 16 Cal. at 679. 2012). The evidence shows that petitioner and his codefendants were either members, associates, or allies of a criminal street gang called the 29th Street Crips. Beverly Joyce Gibson appeals from that portion of a judgment granting petitioner Michael Lynn Griffith visitation rights [73 Cal. The mother relies upon this language of section 7017, subdivision (d): "If the court finds that the man representing himself to be the natural father is a presumed father under subdivision (a) of Section 7004, then the court shall issue an order providing that the father's consent shall be required for an adoption of the child. "A state court's determination that a claim lacks merit precludes federal habeas relief so long as `fairminded jurists could disagree' on the correctness of the state court's decision." 3d 474] (Warne v. Harkness, 60 Cal. Griffin v. Illinois United States Supreme Court 351 U.S. 12 (1956) Facts Griffin (defendant) was convicted of armed robbery in the state courts of Illinois (defendant). There is a presumption against repeal by implication. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. Id. When Doe first moved into the house, Knorr and Mia were also living there, but Mia had since moved out. App. She also saw bullets hit the ground around her. In wheel conspiracies , one or more defendants participate in every transaction. Id. Jackson v. Virginia,443 U.S. 307, 319, 99 S.Ct. Rptr. Id. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accused's silence as evidence of guilt. [Only the part of the opinion dealing with the conspiracy to commit murder charge, is included here]. A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." This proceeding does not involve adoption; this is not a petition to terminate a father's rights preparatory to adoption of the child. Emphasizing the stringency of this standard, which "stops short of imposing a complete bar of federal court relitigation of claims already rejected in state court proceedings[,]" the Supreme Court has cautioned that "even a strong case for relief does not mean the state court's contrary conclusion was unreasonable." For the reasons set forth in these findings and recommendations, a substantial showing of the denial of a constitutional right has not been made in this case. In sum, the state court decision was not contrary to, or an unreasonable application of, clearly established federal law. Petitioner further asserts that the prosecutor improperly appealed to the passion of the jury when she accused defense counsel of treating Ms. Doe in an undignified and unprofessional manner and when she invited the jury to find the defendants guilty because Ms. Doe was crying on the witness stand. "); but see, United States v. Sanchez,659 F.3d 1252, 1224 (9th Cir. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Docs. She did as directed and, after eight minutes or so, L.M. 2254. [73 Cal. One of the shots hit Doe in the back just below the shoulder blade. Petitioner filed his federal petition for writ of habeas corpus in this court on December 5, 2013. Contrary to the mother's understanding, the Uniform Parentage Act provides not one but two methods of establishing the parent-child relationship. Thus, he argues, one cannot infer from his behavior after the robbery that he necessarily was in agreement with the other codefendants for the rest of the evening., In fact, Doe testified that when they left the home of A.S., Tyler and Griffin told her they were taking her home. Get Griffin v. California, 380 U.S. 609 (1965), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Synopsis of Rule of Law. The Supreme Court has set forth the operative standard for federal habeas review of state court decisions under AEDPA as follows: "For purposes of 2254(d)(1), `an unreasonable application of federal law is different from an incorrect application of federal law.'" In most modern statutes, the criminal objective of the conspiracy is almost always limited to agreements to commit crimes. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. "(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in the apparent compliance with law, although the attempted marriage is or could be declared invalid, and, "(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or, "(ii) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation. According to Tyler, that was the last time he saw Doe. On November 28, 2012, Griffin filed an untitled document requesting a thirty-day extension to respond. (HC) Griffin v. Gipson, No. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. (Devine v. Devine, 213 Cal. 2140 (2004). After a while, Doe started hearing gunshots. The undersigned agrees. On October 21, 2013, Griffin filed a petition for writ of habeas corpus in the Sacramento Superior Court, which was denied on November 14, 2013. Id. [This case excerpt includes only the parts dealing with conspiracy to commit murder.], FactsDefendants Zachary Tyler (Smash), David Griffin (Baby Attitude) and Lashea Merritt (Lady Smash) were members of a criminal street gang called the 29th Street Crips, which is based in South Sacramento. Petitioner concedes that there was an agreement to commit robbery at Belleau Woods but contends that the co-defendants were not in agreement about the rest of the evening, in particular with respect to what to do with Ms. Doe. The record discloses no abuse of discretion. To show that petitioner was guilty of conspiracy to commit murder under California law, the prosecution was required to show that: (1) petitioner and his co-defendants entered into an agreement to unlawfully kill Doe; (2) each specifically intended to enter into an agreement to kill a human being; (3) each of them harbored a specific intent to kill; and (4) one or both of them committed an overt act in furtherance of the agreement. Any amended petition must bear the case number assigned to this action and the title "Amended Petition"; and. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. Second, after viewing the evidence in the light most favorable to the prosecution, the reviewing court must determine whether this evidence, so viewed, is adequate to allow any rational trier of fact to find the essential elements of the crime beyond a reasonable doubt. It is not clear that the instant claims have been presented to the California Supreme Court. Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam. Petitioner and Kidd exited the car and told Ms. Doe to get out and walk home, pointing towards the field. I have worked on wide variety of research papers including; Analytical research paper, Argumentative research paper, Interpretative research, experimental research etc. Get First 2 Pages Of Your Homework Absolutely Free! Yes. The three claims raised in the 2011 federal petition are different than the claims raised here. Griffin was charged with conspiracy to commit murder and a, Griffin and the other members of gang called the 29, of Does place and told Nate that she needed to return to his place to obtain he, belongings. 1088, 1091 (2013). Listed below are the cases that are cited in this Featured Case. do even lawful things by unlawful means. The mother did not contest this allegation. After reading your posting, I feel, you need an expert research writer to complete your project.Thank You. Id. Failure to file objections within the specified time may waive the right to appeal the District Court's order. Some time later, Doe awoke and saw a silhouette outside the bedroom window. "(c) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. One of more of them committed an overt act in furtherance of the agreement. (People ex rel. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. Griffin (defendant) was convicted in Wisconsin state court of resisting arrest, disorderly conduct, and obstructing an officer. 17 at 1.) Doe, woke up to find them standing in his window holding a gun, after the stealing they took, Doe with them to their gang apartment complex. Over the six intervening years he has attempted to visit with the child but has been frustrated. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. Each of the five reaction papers will be approximately two pages in . Critics say that when prosecutors dont have enough evidence to convict for the crime itself, they turn, as their last hope, to conspiracy. 2d 1043 (U.S. 1964). In Griffin v. Gipson (2015), the U.S. Magistrate Judge for Eastern District of California found that the prosecutor proved beyond a reasonable doubt that David Griffin, gang name Baby Attitude, a member of the 29th Street Crips gang based in South Sacramento, and several other members of the gang conspired to murder Destiny Doe. For all the foregoing reasons, the petition should be denied. Dissent. Doe was taken to a bedroom, where Tyler, Kidd and Griffin talked about running a train on her and forcing her to perform oral sex. Knorr was upset and told Nate that Doe had insulted the gang which, caused them to all proceed into the residence and steal any valuables (i.e., stereo). 2781, 61 L.Ed.2d 560 (1979). In sum, petitioner contends that his relative kindness to Ms. Doe prior to the shooting, the lack of direct evidence of an agreement to kill Ms. Doe, and Ms. Doe's inability to identify whether there were one or two shooters do not support the inference that petitioner joined in an agreement to kill Ms. Doe. Cal. Code, 230. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 2464 (1986) (for the purposes of federal habeas corpus review, the standard of due process applies to claims of prosecutorial misconduct); Campbell v. Kincheloe,829 F.2d 1453, 1457 (9th Cir.1987)). The six-year-old Michael was born out of wedlock to these parties. Upon careful consideration of the record and the applicable law, the undersigned [U.S. Magistrate Judge Gregory G. Hollows] will recommend that petitioners application for habeas corpus relief be denied. In its unpublished memorandum and opinion affirming petitioner's judgment of conviction on appeal, the California Court of Appeal for the Third Appellate District provided the following factual summary: People v. Kidd, 2012 WL 243250, at **1-5 (January 26, 2012). 28 U.S.C. at 681. Martinez v. Ylst,951 F.2d 1153 (9th Cir. "(d) If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each shall be given notice of the proceeding in accordance with subdivision (f). The others in the room jumped up and started talking shit to one another about it. Tyler said, fuck that nigga, lets go smoke him. In gang culture, to smoke means to kill. 4. Tyler took Doe aside and said to her that youre with us now and Ill take care of you, and why dont you work for me? They later got back in the cars and drove away, telling Doe they are the mob and this is the mob life and youre with the mob now., They eventually arrived at the home of A.S., where Doe was taken inside. (Evid. at 808-09. 28 U.S.C. 1868 (1974). The findings of the court are silent as to the best interests of the child. As explained above, the undersigned has difficulty determining how such a statement would equate to improper burden shifting or improper appeal to the passion of the jury. ]), and demeaning counsel's treatment of a witness (9 RT 2457 [stating that the interviewing officer treated the victim in a dignified and professional manner that she did not receive from defense counsel]). Hire Professional Writers And Get Best Homework Writing Services In Any Subject. You're all set! 28 U.S.C. 3d 288, 295. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. per., for Plaintiff and Respondent. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." His gang name was Five. Defendant Kimberly Knorr was an associate of the 29th Street Crips who was in a dating relationship with Kidd. A parent can be held liable for negligence if their actions are inconsistent with that of a reasonable parent in similar circumstances. 636(b)(1). Griffin further points out that Does testimony was uncertain as to who actually shot at her. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Where the state courts have not addressed the constitutional issue in dispute in any reasoned opinion, the federal court will independently review the record in adjudication of that issue. Chancie Adams Obituary, Articles G