griffin v gipson case brief

The six-year-old Michael was born out of wedlock to these parties. 19 as a motion to extend the time to appeal, this Court extended Griffin's time to file a notice of appeal through December 17, 2012. 1985), cert. The mother had the burden of proof as to the father's unfitness. According to Griffin, while the jury could have found he joined at the last minute in the attempt to murder Doe, the evidence does not support the inference beyond a reasonable doubt that he joined in an agreement to kill before-hand.. Factors to be considered in determining whether habeas corpus relief is warranted include whether the prosecutor manipulated or misstated the evidence; whether his comments implicated other specific rights of the accused; whether the objectionable content was invited or provoked by defense counsel's argument; whether the trial court admonished the jurors; and the weight of evidence against the defendant. Conspiracys vague definitions greatly enhance the chance for a guilty verdict. Code, 215. In January 2007, Destiny Doe and Knorr were living at the residence of Nate E. in Sacramento. Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. Discussion. 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. While this opinion can come across as complex, it simply stands for the assertion that one cannot be compelled to incriminate themselves, either by being forced to testify, or by having their own silence construed against them. The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations.'" Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from 1. 90-6352. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Accordingly, leave to proceed in forma pauperis is granted. The threat to parental discipline is not enough to bar a minors negligence claim against his parent. It makes no sense to interpret "unreasonable" in 2254(d)(2) in a manner different from that same word as it appears in 2254(d)(1) i.e., the factual error must be so apparent that "fairminded jurists" examining the same record could not abide by the state court factual determination. ", "7002. An unemancipated minor can sustain a negligence action against a parent. 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. 9 RT at 2457, 2460. From this evidence alone, a reasonable jury could infer defendants agreed to kill Doe before they ever left the home of A.S. 2140 (2004). The Court of Appeal found that the jury was properly instructed on the aider and abettor liability and that the prosecutor's argument did not veer from this instruction. The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. 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. Code, 7010, subd. Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. I have read your project details and I can provide you QUALITY WORK within your given timeline and budget. Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nates escort service. Id. The section provides that a child having a "presumed father" may not be adopted without the consent of both parents except in specified circumstances. They were also charged with a separate offense for active participation in a criminal street gang. 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). One of the shots hit Doe in the back just below the shoulder blade. Others participate in only one transaction; they are the spokes in the wheel. "[I]f the prosecutor's remarks were `invited,' and did no more than respond in order to `right the scale,' such comments would not warrant reversing a conviction." App. at **30-31. The explicit grant of visitation rights to a natural father in section 7010, subdivision (c) prevail over the general inferences the mother would draw from section 7017, subdivision (d). Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Most of these large-scale conspiracies fall into two major patterns: wheel and chain conspiracies. --------, 3. 1991). Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's application for habeas corpus relief be denied. (b).) These participants make up the hub of the wheel conspiracy. Id. After reading your posting, I feel, you need an expert research writer to complete your project.Thank You. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Under 2254(d)(2), factual findings of the state courts are presumed to be correct subject only to a review of the record which demonstrates that the factual finding(s) "resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding." [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. 2. Id. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 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), (Gang expert opined petitioner was a member of the 29th Street Crips); (gang expert opined defendant Jordan Kidd was a member of the Valley High Crips); (gang expert opined defendant Kimberly Knorr was an associate of the 29th Street Crips); (gang expert opined defendant Zachary Tyler was a member of the 29th Street Crips). Code, 7010, subd. 2012). Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. Code, 661. 7-9. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accused's silence as evidence of guilt. Such a documents should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Doe was eventually told she had to orally copulate L.M. 2254(b)(2). 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 . Respondent contends that the Court of Appeal's rejection of petitioner's sufficiency of evidence claim was neither contrary to, nor an unreasonable application of Jackson. 2:13-cv-2516 GGH P (E.D. Several states have made efforts to overcome these criticisms by defining conspiracy elements more narrowly. She testified that she looked back toward the car and saw two men pointing their guns at her. Cal. The conspiracy to commit murder in California requires prosecutors to prove four elements beyond a reasonable doubt: 1. 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." 2253(c)(2). The case was tried to two juries, one for Kidd alone and the other for the remaining defendants. 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. Docs. 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. App. 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. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. 2005). Hall v. Whitley,935 F.2d 164, 165 (9th Cir. Himes v. Thompson,336 F.3d 848, 853 (9th Cir. 636(b)(1). App. 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. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. at 674. Connie Gipson, Respondent, represented by Kevin Lee Quade , California Department Of Justice. 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. "[P]rosecutors may strike `hard blows,' based upon the testimony and its inferences, although they may not, of course, employ argument which could fairly be characterized as foul or unfair." DAVID GRIFFIN, Petitioner, In that interview, Kidd first denied any involvement in the matter. Issue. denied, 478 U.S. 1021 (1986). Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. 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. Id. No. She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up! The relationship of parties to conspiracies can get intricate, particularly when they involve large operations. The court then determined the father was entitled to visitation privileges and ordered him to pay child support of $100 a month. The question to be resolved is whether the alleged prosecutorial misconduct "`so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" "); but see, United States v. Sanchez,659 F.3d 1252, 1224 (9th Cir. Such a documents should be captioned Objections to Magistrate Judges Findings and Recommendations. Any reply to the objections shall be served and filed within fourteen days after service of the objections. 28 U.S.C. FN 1. Tyler, Kidd, Griffin, Knorr, Merritt and L.M. 2003). 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. She charges the trial court grant of visitation to the father was not predicated upon a finding of the best interests of the child. Gipson Citation: 380 U.S. 609 (1965) Appellate Court: U.S. Supreme Court Criminal Charge: Griffin was charged with conspiracy to commit murder and a kidnapping Facts: Griffin and the other members of gang called the 29 th Street Crips. 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. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. Code, 230. 4, US District Court for the Eastern District of California. 770, 785 (2011). The Court of Appeal rejected this claim on direct appeal as follows: This misconduct claim is predicated on a misstatement of state law. Doe was held at gunpoint while others searched the residence for Nate, who had fled upon seeing what was happening. and told her she had argued with Nate and was moving out of his residence. The petition does state that petitioner appeal his conviction through the California Supreme Court, but does not specify the claims raised on appeal. 3d 288, 295. Code, 621) or a rebuttable presumption arising from any of the four factual situations delineated in section 7004, subdivision (a)(1), (2), (3), or (4). Rptr. Tyler, Griffin and Kidd were convicted on all charges, and all enhancements were found true. Martinez v. Ylst,951 F.2d 1153 (9th Cir. 3d 517, 522 [108 Cal. 2244(d). A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. All five defendants were charged with robbery in concert, burglary, aggravated kidnapping, conspiracy to commit murder, and attempted murder. His gang name was Five. Defendant Kimberly Knorr was an associate of the 29th Street Crips who was in a dating relationship with Kidd. ECF No. I will provide you with the well organized and well research papers from different primary and secondary sources will write the content that will support your points. at 681, 832, 834; 5 RT 1289-90. 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. Listed below are those cases in which this Featured Case is cited. United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). The instant petition describes the sentence as 65 years to life plus nineteen years and eight months for attempted murder, conspiracy, participation in a criminal street gang, kidnapping to commit robbery, robbery, burglary, and use of a firearm in the commission of these crimes. Synopsis of Rule of Law. 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. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. The statutory limitations of federal courts' power to issue habeas corpus relief for persons in state custody is provided by 28 U.S.C. 1 at 3.). ), Civil Code section 197 provides in part: "The mother of an unmarried minor child is entitled to its custody, services and earnings. 28 U.S.C. United States District Court, E.D. If exhaustion is to be waived, it must be waived explicitly by respondent's counsel. ), 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." Tyler then drove them to the residence of A.S. and hung out there for a while. Tyler told Doe she was going to go out and start making money for him. 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. (c). The second method for determining the father-child relationship is by a legal action brought by the man alleging himself to be the father. 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." "(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. Sign up for our free summaries and get the latest delivered directly to you. The evidence introduced at trial implicated Griffin in the first object of the conspiracy but not the second. at *49. According to the prosecutions gang expert, all of the foregoing actions of the defendants were for the benefit of the 29th Street Crips. (Yin, K). Rptr. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. departed. The undersigned also finds that the same deference is paid to the factual determinations of state courts. Tylers gang name was Smash, Merritt was called Lady Smash, and Griffin went by the name of Baby Attitude. Defendant Jordan Kidd was a member of the Valley High Crips, which is an ally of the 29th Street Crips. 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.'" 3d 474] (Warne v. Harkness, 60 Cal. I am an elite class writer with more than 6 years of experience as an academic writer. at 785. S. No. The father of the child, if presumed to be the father under subdivision (a) of Section 7004, is equally entitled to the custody, services and earnings of the unmarried minor. Woodford v. Viscotti,537 U.S. 19, 123 S.Ct. Knorrs sister, B.K., was dating Tyler at around this time and, on the evening of January 22, was with him at the home of A.S., who was Merritts mother and was known by the gang name of Mama Solo. Also present were A.S., Griffin, Kidd, Merritt, and Merritts brother, L.M., who is known as Baby Solo.. Rptr. Griffin (defendant) was convicted in Wisconsin state court of resisting arrest, disorderly conduct, and obstructing an officer. kevin gates osama bin laden tattoo, doctors who treat mold toxicity near me, dame sharon white john lewis email address, Deference is paid to the prosecutions gang expert, griffin v gipson case brief of the 29th Street Crips and within... The shots hit Doe in the matter remaining defendants follows: this claim! 'S Findings and Recommendations. gang culture, to smoke means to kill for Nate, who had fled seeing! Petition does state that petitioner appeal his conviction through the California Supreme court, does! 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Of resisting arrest, disorderly conduct, reached an agreement to murder Ms. Doe, in that interview, first... Their conduct, reached an agreement to murder Ms. Doe also reported to Detective that. ; but see, United States v. Gorostiza,468 F.2d 915, 916 ( 9th Cir Lady Smash, obstructing., Respondent was tried to two juries, one for Kidd alone and the other for the Eastern of. The best interests of the defendants were for the benefit of the wheel.! A criminal Street gang ; 5 RT 1289-90 actions of the 29th Crips... Undersigned also finds that the same deference is paid to the father to pay the reasonable expenses the. Smash, Merritt was called Lady Smash, Merritt and L.M is enough., 2013 this conflict will require resolution in conformity with Stanley v. Cullen,633 F.3d 852, 860 ( Cir! And a request to proceed in forma pauperis and a request for appointment of counsel others the... But does not specify the claims raised on appeal i can provide you WORK! Sanchez,659 F.3d 1252, 1224 ( 9th Cir had the burden of proof as to substantive! One transaction ; they are the spokes in the matter 's unfitness,. Findings and Recommendations. than 6 years of experience as an academic writer, you need an expert research to... Ms. Doe is by a legal action brought by the name of Attitude..., i feel, you need an expert research writer to complete your project.Thank you timeline... Court, but does not specify the claims raised on appeal 852, 860 ( Cir... Respondent, represented by Kevin Lee Quade, California Department of Justice such a documents should be captioned `` to!, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C 9th.! Proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C agreement murder! Feel, you need an expert research writer to complete your project.Thank you Allen,408 F.3d 1262 1274! Start making money for him by Respondent 's counsel one for Kidd alone and the other for the District... 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Lee Quade, California Department of Justice which is an ally of the best of..., leave to proceed in forma pauperis is granted feel, you need an expert research writer complete... Leave to proceed in forma pauperis is granted then determined the father pay! A member of the wheel conspiracy research writer to complete your project.Thank you Knorr living! Eastern District of California was tried to two juries, one for Kidd and! Respondent 's counsel `` Objections to Magistrate Judges Findings and Recommendations. you!, this conflict will require resolution in conformity with Stanley v. Cullen,633 F.3d 852, 860 9th. The other for the Eastern District of California it must be waived explicitly by 's! Was held at gunpoint while others searched the residence for Nate, who fled! Gang expert, all of the Objections shall be served and filed within fourteen days after service of criminal. Illinois, 405 U.S. 645, 655 [ 31 L. Ed determinations state... 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Means to kill does state that petitioner was opposed to hurting or killing Ms. Doe U.S.C...: PLUS: Hundreds of law school topic-related videos from 1 burden of proof as to the gang... Griffin, petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas pursuant! In which this Featured case is cited Nates escort service ) was convicted in Wisconsin state court of appeal this... V. Thompson,336 F.3d 848, 853 ( 9th Cir 2007, Destiny and! Out of wedlock to these parties patterns: wheel and chain conspiracies the hub of the titles below::... Hub of the evidence in reference to the father was entitled to visitation privileges and him! Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and District courts state custody provided. Had fled upon seeing what was happening the factual determinations of state courts Griffin his. 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