It includes the mother and child relationship and the father and child relationship. The statutory limitations of federal courts' power to issue habeas corpus relief for persons in state custody is provided by 28 U.S.C. 3d 472]. As Doe heard gun, shots she proceeded to run towards a house but was shot below the shoulder blade, where she landed on a mans front porch who prompted to call the police. at **30-31. This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. (a).) [4] In analyzing these contentions we start with the familiar rule of statutory construction: a particular provision prevails over a general provision (In re James M., 9 Cal. (Devine v. Devine, 213 Cal. He called 9-1-1 for help. The Court of Appeal rejected this claim on direct appeal as follows: This misconduct claim is predicated on a misstatement of state law. This is not a good rule of statutory construction. Griffin and Kidd were both armed with handguns, but before leaving B.K. Picard v. Connor, 404 U.S. 270, 276 (1971); Middleton v. Cupp, 768 F.2d 1083, 1086 (9th Cir. (Bookstein v. Bookstein, 7 Cal. Id. He also denied having a gun and claimed that he departed with Knorr before the others came out of the house and did not know Doe had been taken with them. 20, Filing These participants make up the hub of the wheel conspiracy. To the contrary, based on the evidence in the record as more fully discussed below, a rational trier of fact could find the essential elements of conspiracy to commit murder beyond a reasonable doubt. ( Id., 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. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. Based on this testimony, a reasonable jury could infer that at the last house they visited, petitioner reached an agreement with his co-defendants to kill Ms. Doe. 2254(b)(3). Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. The three claims raised in the 2011 federal petition are different than the claims raised here. Code, 7010, subd. 28 U.S.C. 28 U.S.C. Each defendant specifically intended to enter into an agreement to kill a human being. 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. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 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. Dec. 19, 2013). Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: The evidence before the trial court warrants the further conclusion the mother had prevented visitation "in hopes" it would force the father to marry her. All statutory references to "legitimacy" and "illegitimacy" are eliminated. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. 362, 366 (2002). (c). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 2015) Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/14/2014 RECOMMENDING that petitioner's application for a writ of habeas corpus be denied; and the District Court decline to issue a certificate of appealability. Thus, extrapolations of settled law to unique situations will not qualify as clearly established. After reading your project details, I feel myself as the best option for you to fulfill this project with 100 percent perfection. Over the six intervening years he has attempted to visit with the child but has been frustrated. Synopsis of Rule of Law. at 785, citing Williams v. Taylor,529 U.S. 362, 410, 120 S.Ct. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." --------, 3. Receive small business resources and advice about entrepreneurial info, home based business, business franchises and startup opportunities for entrepreneurs. Docs. Accordingly, unless petitioner provides facts on amendment indicating that he has brought these same claims to the California Supreme Court and received a decision from that court, his petition will be dismissed without prejudice. Conspiracys vague definitions greatly enhance the chance for a guilty verdict. We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. 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. Docs. See Jackson, 443 U.S. at 324 n. 16; Chein, 373 F.3d at 983. Whether a jury instruction on the accuseds silence is reversible error. The text will be double-spaced and formatted using APA format. Each of the five reaction papers will be approximately two pages in . App. (HC) Griffin v. Gipson, No. She testified that she looked back toward the car and saw two men pointing their guns at her. Argued October 7, 1991-Decided December 3,1991. 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. ], "(b) Except as provided in Section 621 of the Evidence Code, a presumption under this section is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. The Court of Appeal rejected this claim on direct appeal as follows: Griffin contends there is insufficient evidence he entered into a conspiracy to murder Doe. Code, 230. 1 at 5); however, petitioner has attached a superior court decision, issued November 14, 2013, denying his petition on the same claims as presented here. 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." in reaching outcomes in case-by-case determinations[]' (Yarborough v. Alvarado,541 U.S. 652, 664, 124 S.Ct. Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. Therefore concludes the mother, a parent and child relationship does not exist under Civil Code section 7001 and no rights of visitation accrue. When faced with a record of historical facts that supports conflicting inferences a reviewing court must presumeeven if it does not affirmatively appear in the recordthat the trier of fact resolved any such conflicts in favor of the prosecution, and must defer to that resolution. The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus. She testified that petitioner and Kidd were holding guns. See e.g., U.S. v. Del Toro-Barboza,673 F.3d 1136, 1151 (9th Cir. James Gibson (James) was the minor son of Robert Gibson (Robert). This father claims rights to visitation under Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). App. The agreement or the unlawful design of [the] conspiracy may be proved by circumstantial evidence without the necessity of showing that the conspirators met and actually agreed to commit the offense which was the object of the conspiracy. The mother's argument with respect to Civil Code section 197 faces the same constitutional hurdle as does Civil Code section 7017, subdivision (d) if her interpretation is followed. Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 28 U.S.C. FN 3. 2d 551, 560, 92 S. Ct. 1208, 1214-1215], which recognizes rights of constitutional dimension in the unwed father to his natural child. 495].) In that case, the conviction at issue was entered on July 24, 2008, and petitioner's sentence was for nineteen years and eight months for attempted murder, robbery and use of a firearm in the commission of these crimes. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. In fact, the evidence before the trial court authorizes an implied finding the father was fit; he was a concerned parent; he had remarried; he had attempted on many occasions to see, to visit, his son. See Rule 2(c), Rules Governing 2254 Cases. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. Moreover, prosecutors are afforded reasonably wide latitude in fashioning closing arguments, United States v. Birges,723 F.2d 666, 671-672 (9th Cir.1984), and are free to argue "reasonable inferences from the evidence." (ECF No. See e.g., 6RT 1688-93 (gang expert opined petitioner was a member of the 29th Street Crips); 6RT 1694-95 (gang expert opined defendant Jordan Kidd was a member of the Valley High Crips); 6 RT 1697-98 (gang expert opined defendant Kimberly Knorr was an associate of the 29th Street Crips); 6 RT 1701-05 (gang expert opined defendant Zachary Tyler was a member of the 29th Street Crips). To the contrary, based on the evidence in the record as more fully discussed below, a rational trier of fact could find the essential elements of conspiracy to commit murder beyond a reasonable doubt. Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nates escort service. 1166 (2003). ], "(4) He receives the child into his home and openly holds out the child as his natural child. . App. Later that evening, Doe was again placed in the white Buick and departed with Tyler, Kidd, Griffin, and Knorr. 2003). He denied accompanying the others to the home of A.S. Tyler was the only defendant to testify at trial. "(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. Petitioner challenges his conviction on due process grounds as follows: 1) prosecutorial misconduct in rebuttal closing argument; 2) prosecutorial misconduct regarding alleged misstatements of law; and 3) insufficient evidence of a conspiracy to commit murder. Brief Fact Summary. the defendant gibson succinctly states in his opening brief (references to the record being deleted herein): "the theft charges against gibson arose out of the fact that griffin, sr., and griffin, jr., each made available to gibson $5,000 on october 1, 1964 (no theft alleged), $5,000 on october 15, 1964 (theft of over $200 alleged in count ii), Filing 4. The evidence shows that petitioner and his co-defendants were either members, associates, or allies of a criminal street gang called the 29th Street Crips. United States District Court, E.D. overheard them saying that Doe had to be "iced." They stopped at another residence briefly and then drove to an area near railroad tracks and an empty field, and Doe was told to get out and start walking in the field, so she did. 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. (Bowland v. Municipal Court, 18 Cal. Id. FN 4. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. If two or more presumptions arise under this section which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. 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. Later, Doe heard a disturbance in front of the residence caused by a prior girlfriend of Nate named Mia. 2. S. No. 1991). With secure payments and hundereds of professional tutors to choose from, TutorsOnSpot.Com is the simplest and safest way to get help from verified tutors. at 680. 2254. Accordingly, IT IS HEREBY RECOMMENDED that: 1. The first step in the screening process for potential markets and sites is to ________. 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. "A state court's interpretation of state law, including one announced on direct appeal of the challenged conviction, binds a federal court sitting in habeas corpus." [73 Cal. In sum, the state court decision was not contrary to, or an unreasonable application of, clearly established federal law. "[T]he Darden standard is a very general one, leaving courts `more leeway . When the intruders departed, they took Doe as well. The trial court dismissed a negligence action filed by an unemancipated minor against his father. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. No. Tyler drove to Knorrs location and brought her back to the A.S. residence. Parker v. Matthews,132 S.Ct. 474]; In re Reyna, 55 Cal. Tyler also said they should rob Nate. 770, 785 (2011). The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The mother named him as the father on the birth certificate. The following documents for this case are available for you to view or download: Use the links below to access additional information about this case on the US Court's PACER system. Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's application for habeas corpus relief be denied. In our next case excerpt, 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. 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. The mother had the burden of proof as to the father's unfitness. . 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. After Knorr was dropped off, she called B.K. The six-year-old Michael was born out of wedlock to these parties. By incorporating all the previous methods of legitimization into its provisions, section 7004 is intended by the Legislature to be the exclusive method of conferring upon a natural father parental rights including custody and visitation, which under previous law could be conferred only upon a natural father who had "legitimized" a child born out of wedlock. It is not clear that the instant claims have been presented to the California Supreme Court. Others participate in only one transaction; they are the spokes in the wheel. In one famous old case still relevant today, U.S. v. Bruno (1939), smugglers brought narcotics into New York, middlemen purchased the narcotics, and two groups of retailers (one operating in New York and the other in Louisiana) bought narcotics from the middlemen. App. Code, 661. James Gibson (James) was the minor son of Robert Gibson (Robert). 2:11-1358 JKS. While they lived together, Knorr often bragged to Doe about things she and her Crip homies did together. ", "7002. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . 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. Discussion. Rptr. Beverly Joyce Gibson appeals from that portion of a judgment granting petitioner Michael Lynn Griffith visitation rights [73 Cal. See Rice v. Collins,546 U.S. 333, 338, 126 S.Ct. The language of these sections, according to its usual, ordinary import, explicitly grants these rights to Mr. Griffith. The trial court has "very extensive discretion" in determining visitation rights with a minor child. 2012). The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations.'" The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. The evidence shows that petitioner and his codefendants were either members, associates, or allies of a criminal street gang called the 29th Street Crips. 2005). The second method for determining the father-child relationship is by a legal action brought by the man alleging himself to be the father. The trial court found Griffith was not "a presumed natural father" as defined in section 7004 of the Civil Code; rather "a parent and child relationship exists between Petitioner, Michael Lynn Griffith, and [the boy]" as defined in section 7001 of the Civil Code. Resp't's Lod. Accordingly, IT IS HEREBY RECOMMENDED that: These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. [See former Evid. 1088, 1091 (2013). 2d 1043 (U.S. 1964), Griffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.". 2014) Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 5/7/2014 ORDERING petitioner's 4/4/2014 letter 11 , construed as request for an extension of time in case number 13-cv-2660, is GRANTED; petitioner shall file objections to the 3/4/2014 findings and . Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. Doe heard the names Smash and Five mentioned and saw the intruders put clothes and a stereo inside a sheet which they later took with them. "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." HistoryDavid Griffin (Petitioner) is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. United States v. Young,470 U.S. 1, 12-13, 105 S.Ct. 1985), cert. First, a reviewing court must consider the evidence presented at trial in the light most favorable to the prosecution. Each of them harbored a specific intent to kill. (b).) Code, 215. She testified that petitioner and Kidd were holding guns. Tyler, Griffin and Kidd were convicted on all charges, and all enhancements were found true. (Estate of Taylor, 6 Cal. "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. Id. 28 U.S.C. 90-6352. First, a general criticism is that conspiracy law punishes conduct too far remote from the actual crime. The mother did not contest this allegation. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. (Civ. Second, labor organizations, civil liberties groups, and large corporations charge that conspiracy is a weapon against their legitimate interests of, respectively, collective bargaining and strikes, dissent from accepted points of view and public policies, and profit making. Id. at 681, 832, 834; 5 RT 1289-90. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. Younger v. Superior Court, 16 Cal. 1495 (2000). 2013) (characterizing defense case as "smoke and mirrors" directed to defense case and not counsel); Williams v. Borg,139 F.3d 737, 744-45 (9th Cir. Cal. Brief Fact Summary. Darden, 477 U.S. at 181 (quoting Donnelly,416 U.S. 637, 643, 94 S.Ct. Course Hero is not sponsored or endorsed by any college or university. "(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). [See former Civ. The undersigned agrees. departed in two cars, a white and a blue Buick. Griffin v. Gipson (2015) What case was the petitioner was a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant, the petitioner was convicted of robbery in concert, burglary, aggravated kidnapping, conspiracy to commit murder, and attempted murder, the judge denied the petition for relief with habeas corpus? Griffin wanted to appeal his conviction and petitioned the trial court on grounds of indigence for a free copy of the trial court record. The conspiracy to commit murder in California requires prosecutors to prove four elements beyond a reasonable doubt: 1. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. Code, 7010, subd. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 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