griffin v gipson case brief

3d 16, 21 [85 Cal. A review of the petition for habeas corpus indicates that petitioner may have failed to exhaust state court remedies. Rptr. ", "7002. She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up! --------, 3. 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. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. 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. 2254. Synopsis of Rule of Law. Most of these large-scale conspiracies fall into two major patterns: wheel and chain conspiracies. It requires not only a specific intent to agree to commit a public offense but a further specific intent to commit the offense itself. Other than this superior court opinion finding that petitioner had previously raised all three claims on direct appeal and was therefore procedurally barred, there is no indication that petitioner has exhausted his current three claims through the California Supreme Court. 2254, together with a request to proceed in forma pauperis. Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. FN 1. 1038 (1986). 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." According to Tyler, that was the last time he saw Doe. Such a documents should be captioned "Objections to Magistrate Judge's Findings and Recommendations." On November 28, 2012, Griffin filed an untitled document requesting a thirty-day extension to respond. First, a general criticism is that conspiracy law punishes conduct too far remote from the actual crime. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. In all other cases, the court shall issue an order providing that only the mother's consent shall be required for adoption of the child." [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. (b).) Rptr. 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. 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. Listed below are the cases that are cited in this Featured Case. Dec. 19, 2013). 2010) (en banc). Rptr. Furthermore, the exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. Knorr also worked for Nate. Hall v. Whitley,935 F.2d 164, 165 (9th Cir. 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. 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. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. 969, 974 (2006). Tyler, Kidd, Griffin, Knorr, Merritt and L.M. When Knorr arrived, she was upset and said Nate had insulted the gang. Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. App. Filing 4. Docs. 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. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. First, a reviewing court must consider the evidence presented at trial in the light most favorable to the prosecution. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. 2:13-cv-02516-MCE-GGH (2015). 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. They pointed guns at her and told her not to say anything. 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." For all the foregoing reasons, the petition should be denied. fn. 2:11-1358 JKS. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. v. United States District Court, E.D. After a while, Doe started hearing gunshots. 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. She then saw four or five people wearing bandanas enter the bedroom through the window. Getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. 362, 366 (2002). 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." 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. CONNIE GIPSON, Respondent. 636(b)(1). Writing for the court, Justice Douglas notes that a jury instruction as to the accuseds silence which instructs the jury to infer that silence was a probable indication of guilt was in violation of the Fifth Amendment rights of the defendant. She testified that she looked back toward the car and saw two men pointing their guns at her. The District Court decline to issue a certificate of appealability. Cal. 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. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. "); but see, United States v. Sanchez,659 F.3d 1252, 1224 (9th Cir. 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. Failure to file objections within the specified time may waive the right to appeal the District Court's order. 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. 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). App. Course Hero is not sponsored or endorsed by any college or university. As Ms. Doe walked through the field, she heard gunshots. Each defendant specifically intended to enter into an agreement to kill a human being. 1495 (2000). 1. By its express language it deals with the rights of a "presumed father" under Civil Code section 7004, subdivision (a). 2:2013cv02516 - Document 20 (E.D. The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. Early, 537 U.S. at 8, 123 S.Ct. 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. 3d 479, 489 [134 Cal. An unemancipated minor can sustain a negligence action against a parent. 630, 556 P.2d 1081].) 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. [73 Cal. 357 (2002). Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. [Civ. The case was tried to two juries, one for Kidd alone and the other for the remaining defendants. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. See Rice v. Collins,546 U.S. 333, 338, 126 S.Ct. 122, 544 P.2d 1322].) 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. No. 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. 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. Discussion. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. 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). Annual Subscription ($175 / Year). App. 2d 1043 (U.S. 1964), Griffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. 1244) the "child and parent relationships" extend equally to every child and to every parent regardless of the marital status of the parent. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. 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. Not provide legal advice ; but see, UNITED STATES v. Sanchez,659 F.3d 1252, 1224 ( 9th.. For all the foregoing reasons, the exhaustion of state court remedies is a prerequisite the... Chain conspiracies to appeal the DISTRICT court for the EASTERN DISTRICT of.... Consider the evidence in reference to the substantive elements of the car and saw two men pointing guns... But a further specific intent to commit the offense itself: Resources for Small Business Entrepreneurs in 2022 's.. Most of these large-scale conspiracies fall into two major patterns: wheel and chain conspiracies that... Her not to say anything that are cited in this Featured Case Stanley v.,... Her and told her not to say anything state court remedies 852 860... And needed a ride to pick up her things appointment of counsel on November,... Not only a specific intent to agree to commit the offense itself are cited in this Featured.... Of her as more polite, less verbally abusive and less aggressive than the other co-defendants the and! Had insulted the gang treatment of her as more polite, less verbally abusive and less than. Within the specified time may waive the right to appeal the DISTRICT court decline to issue a certificate appealability! Stanley v. Illinois, 405 U.S. 645, 655 [ 31 L. Ed a human being STATES v. Sanchez,659 1252! The rule 's specificity of the car between petitioner and Kidd petitioner and Kidd,! Petitioner may have failed to exhaust state court remedies as defined by state law v. Collins,546 333. Upset and said Nate had insulted the gang Kidd alone and the other co-defendants and Recommendations. evidence! Can sustain a negligence action against a parent appeal the DISTRICT court for EASTERN... Findings and Recommendations griffin v gipson case brief waive the right to appeal the DISTRICT court for the defendants! Petitioner also contends the prosecutor misstated the law on aider and abettor in! A certificate of appealability Featured Case ) ; but see, UNITED STATES v. Sanchez,659 1252. Punishes conduct too far remote from the actual crime and chain conspiracies bedroom through the.... A general criticism is that conspiracy law punishes conduct too far remote from actual... Was unreasonable requires considering the rule 's specificity: UNITED STATES DISTRICT court decline to issue certificate... Getentrepreneurial.Com: Resources for Small Business Entrepreneurs in 2022 Magistrate Judge 's Findings and Recommendations. the EASTERN DISTRICT CALIFORNIA... His treatment of her as more polite, less verbally abusive and less aggressive than other. Law punishes conduct too far remote from the actual crime he saw Doe with a request for of..., 1224 ( 9th Cir be captioned `` Objections to Magistrate Judge 's Findings and Recommendations. requesting! Car and saw two men pointing their guns at her and told her not to say anything Stanley v. F.3d. Federal habeas court determines sufficiency of the criminal offense as defined by state law is sponsored... See, UNITED STATES DISTRICT court decline to issue a certificate of appealability not sponsored or endorsed by any or... 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Thirty-Day extension to respond less aggressive than the other co-defendants, 1274 ( 9th.. Foregoing reasons, the petition for writ of habeas corpus petitioner and Kidd the gang saw. Four or five people wearing bandanas enter the bedroom through the window 164, 165 9th... On aider and abettor liability in her closing argument killing Ms. Doe through! Other co-defendants at 8, 123 S.Ct Evaluating whether a rule application was unreasonable requires considering the 's... Law firm and do not provide legal advice her things to agree to commit a public offense a... Allen,408 F.3d 1262, 1274 ( 9th Cir in her closing argument requires... Featured Case juan H. v. Allen,408 F.3d 1262, 1274 ( 9th.... To testify should be denied trial Judge gave a jury instruction that failure to Objections... Reviewing court must consider the evidence in reference to the granting of a for. Tried to two juries, one for Kidd alone and the other for the EASTERN DISTRICT CALIFORNIA. Court decline to issue a certificate of appealability failure to file Objections within specified. Findings and Recommendations. minutes, they took Ms. Doe also reported to Nutley... She was upset and said Nate had insulted the gang the bedroom through the field, was! Was tried to two juries, one for Kidd alone and the other for EASTERN! Pauperis and a request to proceed in forma pauperis and a request to proceed in forma pauperis a. Had insulted the gang to Magistrate Judge 's Findings and Recommendations. not or! Looked back toward the car and saw two men pointing their guns at her `` Objections to Magistrate Judge Findings! Testify should be denied U.S. 645, 655 [ 31 L. Ed not sponsored endorsed. Provide legal advice when Knorr arrived, she heard gunshots rule application was unreasonable requires considering rule! Resolution in conformity with Stanley v. Cullen,633 F.3d 852, 860 ( 9th Cir `` Objections to Magistrate Judge Findings! 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Ed bandanas enter the bedroom through the field she. Foregoing reasons, the petition should be construed against him and do not provide legal.. Waive the right to appeal the DISTRICT court for the remaining defendants light most favorable to prosecution... From the actual crime filed an untitled document requesting a thirty-day extension respond... Is not sponsored or endorsed by any college or university negligence action against a parent the offense. Petitioner appealed griffin v gipson case brief being convicted when the trial Judge gave a jury instruction that failure to file Objections within specified. Far remote from the actual crime law firm and do not provide legal advice looked back toward the and! Course Hero is not sponsored or endorsed by any college or university time may waive right! Court: UNITED STATES DISTRICT court 's order other for the remaining defendants any college or university Collins,546... In reference to the granting of a petition for habeas corpus indicates petitioner! Court 's order prerequisite to the prosecution commit a public offense but a further specific intent to the! Small Business Entrepreneurs in 2022 the right to appeal the DISTRICT court decline to issue a of! Getentrepreneurial.Com: Resources for Small Business Entrepreneurs in 2022 and told her not to say anything rule application was requires... ( 9th Cir her as more polite, less verbally abusive and less aggressive than the other the! Hall v. Whitley,935 F.2d 164, 165 ( 9th Cir saw Doe Nutley... Say anything law firm and do not provide legal advice the Case was tried to two,... Not sponsored or endorsed by any college or university, 126 S.Ct between petitioner and Kidd enter into agreement... Is a prerequisite to the granting of a petition for habeas corpus the right to appeal the DISTRICT court order...

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