griffin v gipson case briefgriffin v gipson case brief

Contrary to the mother's understanding, the Uniform Parentage Act provides not one but two methods of establishing the parent-child relationship. And ladies and gentlemen, I'm going to ask you not to credit that scam that has been perpetrated on you here."). "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." In chain conspiracies , participants at one end of the chain may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale. 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). The record discloses no abuse of discretion. . At times, this discretion borders on abuse, leading to charges that conspiracy law is unjust. Rptr. Civil Code section 7010 provides as follows: "(a) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code. Nate was also present. Petitioner Griffin and others were charged in a multiple-object conspiracy. 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. This father claims rights to visitation under Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). 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. App. She fell asleep on Knorrs bed. Greer v. Miller,483 U.S. 756, 765-766, 107 S.Ct. (Strong v. Owens, supra, 91 Cal. She began walking faster and then running and continued to hear gunshots. 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. There will be a total of five different reaction papers throughout the course. 2:2013cv02516 - Document 16 (E.D. 2254, together with a request to proceed in forma pauperis. 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. Corbitt & Corbitt and Clarence Corbitt for Defendant and Appellant. 2. Kidd and Griffin were both armed with handguns. 3 RT 671-73. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. Dissent. A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." 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 acknowledges there was an agreement among the defendants to commit a robbery but the codefendants were not of a single mind about the rest of the evening. Doe testified that Griffin, unlike the others, was quieter and more polite to her. The Court of Appeal was not unreasonable in finding that the prosecutor's statements regarding defense counsel's treatment of Ms. Doe were merely a response to treatment actually given. Not often mentioned, but extremely important, is that intense media attention to conspiracy trials can lead to abuse. The habeas corpus petitioner bears the burden of demonstrating the objectively unreasonable nature of the state court decision in light of controlling Supreme Court authority. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. On this evening, Mia was banging on the window and trying to get Nate to come outside and talk with her. Petitioner was convicted of robbery in concert, burglary, aggravated kidnapping, conspiracy to commit murder, and attempted murder; each included enhancements for firearm use and committing the offenses for the benefit of a criminal street gang. ), In the face of the clear, unmistakable, express language of Civil Code section 7010, subdivision (c) authorizing rights of visitation in Mr. Griffith as a person who has established the parent-child relationship under section 7006, subdivision (c) the mother asserts Civil Code sections 7017 and 197 as amended by the Uniform Parentage Act fn. Griffin and Kidd were both armed with handguns, but before leaving B.K. v. On November 28, 2012, Griffin filed an untitled document requesting a thirty-day extension to respond. Superimposed on these already stringent insufficiency standards is the AEDPA requirement that even if a federal court were to initially find on its own that no reasonable jury should have arrived at its conclusion, the federal court must also determine that the state appellate court could not have affirmed the verdict under the Jackson standard in the absence of an unreasonable determination. "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. DAVID GRIFFIN, Petitioner, 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. She did as directed. Receive small business resources and advice about entrepreneurial info, home based business, business franchises and startup opportunities for entrepreneurs. The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. Id. . Yes. 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. 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. "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. These parents have never married; the father does not fulfill any of the conditions set forth in Civil Code section 7004 giving rise to the rebuttable presumption he is the natural father of Michael. 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.'" --------, 3. 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). Superimposed on these already stringent insufficiency standards is the AEDPA requirement that even if a federal court were to initially find on its own that no reasonable jury should have arrived at its conclusion, the federal court must also determine that the state appellate court could not have affirmed the verdict under the Jackson standard in the absence of an unreasonable determination. Pursuant to Rule 11 of the Federal Rules Governing Section 2254 Cases, this court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. When James was accompanying Robert to tow a jeep, Robert instructed James to fix the wheel on the jeep, when another car struck James. [73 Cal. 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. (ECF No. 2140 (2004). 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. However, he eventually admitted he went to Nates house, but only to steal something and not to kidnap or shoot anyone. one or both of them committed an overt act in furtherance of the agreement. [2] Legislative intent is not to be ascertained from isolated parts or sections of a statute or act; rather "a specific provision should be [73 Cal. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 2254. ORDER signed by Magistrate Judge Gregory G. Hollows on 12/19/2013 GRANTING petitioner's 2 motion to proceed IFP; petitioner's application for writ of habeas corpus is DISMISSED with leave to amend within 30 days; and the Clerk shall send petitioner the court's form for application for writ of habeas corpus. The father's uncontradicted evidence establishes a picture of fitness. 2012) (characterizing defense strategy as "the Wizard of Oz trick"); United States v. Ruiz,710 F.3d 1077, 1086 (9th Cir. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Code, 7010, subd. 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. 2. They found a handgun and ammunition in the room. The findings of the court are silent as to the best interests of the child. Facts. You can explore additional available newsletters here. at 808-09. 2254(b)(3). 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. 1 at 3.). The case was tried to two juries, one for Kidd alone and the other for the remaining defendants. Doe dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. fn. 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. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. Jackson v. Virginia,443 U.S. 307, 319, 99 S.Ct. "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." The judgment of the trial court is reversed. On February 28, police officers discovered Kidd in a residence with a handgun and ammunition. Reversed. 602 (2005), (citing Estelle v. McGuire,502 U.S. 62, 67-68, 112 S.Ct. Doe was held at gunpoint while others searched the residence for Nate, who had fled upon seeing what was happening. Petitioner was convicted of robbery in concert, burglary, aggravated kidnapping, conspiracy to commit murder, and attempted murder; each included enhancements for firearm use and committing the offenses for the benefit of a criminal street gang. I have read your project details and I can provide you QUALITY WORK within your given timeline and budget. United States v. Nevils,598 F.3d 1158, 1164 (9th Cir. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 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). An unemancipated minor can sustain a negligence action against a parent. They took her to another house, had her sit in a recliner, and went into another room to talk. On habeas corpus review, allegations of prosecutorial misconduct merit relief "only if the misconduct rises to the level of a due process violationnot merely because [the reviewing court] might disapprove of the prosecutor's behavior." 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. 2005). Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: 3d 288, 295. Code, 7001 and 7002.) Id. 2d 1043 (U.S. 1964), Griffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. 2:11-1358 JKS. 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. 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. 2d 549, 552, 553 [29 Cal. 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. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. overheard Kidd and Tyler say, If somethin is gonna be done, the bitch has gotta be iced. She also heard Tyler say something to A.S. like, we brought the bitch here so she couldnt tell.. 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. Furthermore, the exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. If the mother's contention is accepted, there appears a superficial conflict within Civil Code section 7017, subdivision (d) arising from mandatory words directing the court to determine the father's "parentage" and "custodial" rights when contrasted with the language directing the court to issue its order requiring only the mother's consent to the adoption unless the alleged father is a "presumptive father" under Civil Code section 7004, subdivision (a). 3d 473] parental rights as well as procedure on a proposed adoption. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. at 785, citing Williams v. Taylor,529 U.S. 362, 410, 120 S.Ct. Cal. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody, services and earnings.". 2253(c)(2). Neither section treats the issue here presented. 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." Id. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. 3 RT 806-07. 495].) No. (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). A review of the petition for habeas corpus indicates that petitioner may have failed to exhaust state court remedies. 90-6352. 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? Gregory G. Hollows ORDER AND FINDINGS AND RECOMMENDATIONS Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. The legislative intent expressed in a section granting the mother the sole right to relinquish the child for adoption under certain circumstances is not germane, not logically related, to this action brought under Civil Code section 7006, subdivision (c). Petitioner sets forth the Penal Code sections of the crimes for which he was convicted, but has not provided the date of his conviction. Griffin and other defendant gang members and associates entered into an agreement to unlawfully kill Doe. Griffin v. Gipson Gregory G. Hollows ORDER AND FINDINGS AND RECOMMENDATIONS Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. Synopsis of Rule of Law. "(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. General case filed on December 5, 2013 in the California Eastern District Court. Thus, even where a prosecutor's argument, questions or behavior are found improper, relief is limited to cases in which a petitioner can establish that the misconduct resulted in actual, substantial prejudice. App. 2254(b)(2). Rptr. 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. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. 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. 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