After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. Early, 537 U.S. at 8, 123 S.Ct. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. at 2469. 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. Tyler drove the group to an empty field and parked. He called 9-1-1 for help. 1. At this second step, we must reverse the verdict if the evidence of innocence, or lack of evidence of guilt, is such that all rational fact finders would have to conclude that the evidence of guilt fails to establish every element of the crime beyond a reasonable doubt. The California Court of Appeal rejected this claim as follows: Petitioner repeats the arguments he made on his state court direct appeal here in his federal petition. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. September 19, 1977. No. 3d 470] construed with reference to the entire statutory system of which it is a part, in such a way that the various elements of the overall scheme are harmonized." CONNIE GIPSON, Respondent. ), 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." "[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." She also told Detective Nutley that Tyler and Griffin were opposed to hurting or killing her. In all other cases, the court shall issue an order providing that only the mother's consent shall be required for the adoption of the child. Michael Lynn Griffith, in pro. 601, 387 P.2d 377].) Id. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.". There will be a total of five different reaction papers throughout the course. Id. "(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). "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. Doe was eventually told she had to orally copulate L.M. Griffin, Fourth Amendment to the United States Constitution. 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. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. California. For all the foregoing reasons, the petition should be denied. 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. Get free summaries of new California Court of Appeal opinions delivered to your inbox! (Bowland v. Municipal Court, 18 Cal. As Ms. Doe walked through the field, she heard gunshots. He was also convicted of active participation in a criminal street gang. See e.g., U.S. v. Del Toro-Barboza,673 F.3d 1136, 1151 (9th Cir. Thus not only is there no clear showing the visitation would be detrimental to the child but rather, the facts impel the conclusion visitation would be in the child's best interests. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. Griffin and Kidd were both armed with handguns, but before leaving B.K. His duties in the military service require his presence in far places and a reluctance on the part of the mother to allow visitation have prevented any direct contact. 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. 770, 785 (2011). App. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. Despite this statutory language, Strong v. Owens, 91 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. 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. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Id. 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. 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.. 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. 1038 (1989) (presumption of a merits determination when it is unclear whether a decision appearing to rest on federal grounds was decided on another basis). Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. One of more of them committed an overt act in furtherance of the agreement. According to the prosecutions gang expert, all of the foregoing actions of the defendants were for the benefit of the 29th Street Crips. [1a] These arguments are without merit. Dissent. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. She fell asleep on Knorrs bed. Griffin v. Gipson U.S. District Court, Eastern District California. When James was accompanying Robert to tow a jeep, Robert instructed James to fix the wheel on the jeep, when another car struck James. Corbitt & Corbitt and Clarence Corbitt for Defendant and Appellant. 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. She got into the blue Buick with three of them, and they followed the white Buick away from the scene. A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. In particular, Knorr told them Nate had said, fuck themfuck Smash and them. Before leaving, B.K. Id. Whether a jury instruction on the accuseds silence is reversible error. 2d 336 [205 P.2d 48], affirmed the trial court's judgment granting custody of the child born of an unwed mother without prejudice to the right of the father to seek an order for visitation rights and requiring the mother to keep the father advised at all times as to the child's domicile. fn. at 676-78. Click on the case name to see the full text of the citing case. They pointed guns at her and told her not to say anything. 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. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. 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. Id. 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. Griffin further points out that Does testimony was uncertain as to who actually shot at her. 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. Harrington, 131 S.Ct. Id. The undersigned, like the California Court of Appeal, has difficulty determining how the prosecutor's statements regarding Miss Doe amount to improper burden-shifting. Each of the five reaction papers will be approximately two pages in . Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accused's silence as evidence of guilt. A petitioner must show clearly and convincingly that the factual determination is unreasonable. at 674. On October 21, 2013, petitioner filed a petition for writ of habeas corpus in the Sacramento Superior Court, which was denied on November 14, 2013. App. 2148, 2155 (2012). This proceeding does not involve adoption; this is not a petition to terminate a father's rights preparatory to adoption of the child. Code, 661.]. [See former Evid. 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. 28 U.S.C. Held. They took her to another house, had her sit in a recliner, and went into another room to talk. Further, if Civil Code section 197 is interpreted to prohibit visitation rights in Mr. Griffith the overall purpose of the Uniform Parentage Act is negated, an inequality in parental rights is created based on marital status and sex. An unemancipated minor can sustain a negligence action against a parent. at *49. 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. [73 Cal. and was left alone in the room with 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. 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." Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. Id. 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). 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 mother named him as the father on the birth certificate. 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." In January 2007, Destiny Doe and Knorr were living at the residence of Nate E. in Sacramento. "(b) If the judgment or order of the court is at variance with the child's birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 6 (commencing with Section 10450) of Chapter 8, of Division 9 of the Health and Safety Code. Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. 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. Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. Thus, extrapolations of settled law to unique situations will not qualify as clearly established. Id. She did as directed and, after eight minutes or so, L.M. The undersigned agrees. . 132].). 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. Further, there is no allegation that state court remedies are no longer available to petitioner. 743, 746 (2008). 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. 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. 2012). 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. They all stopped at an apartment complex on 29th Street that had been the birthplace of the gang. A subscription to PACER is required. ), [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." 3d 474] (Warne v. Harkness, 60 Cal. Civil Code sections 7001 and 7002 provide in pertinent part: "7001. The section authorizes a "petition to terminate the parental rights of the father." We are permitted to review that evidence, that record, to determine if all necessary implied findings are supported by substantial evidence. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. at 14.) 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. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. The statutory limitations of federal courts' power to issue habeas corpus relief for persons in state custody is provided by 28 U.S.C. [73 Cal. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. "[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." Tyler drove to Knorrs location and brought her back to the A.S. residence. Facts. Rptr. Code, 7000 et seq., enacted Stats. 2010). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Id. This conflict, when raised in an appropriate case, will require resolution in the light of the manifest legislative purpose to equalize the rights and obligations of parents in relationship to their children without regard to sex, without regard to marital status. Tyler yelled at Doe, youre gonna suck up all my homies, and Kidd and Merritt ordered her to orally copulate Little Homie. Merritt further said, give my little homie some head, youre a ho anyway.. Theyre not no 29th Street Garden Block Crips. Garden Block Crips is another name for the 29th Street Crips. It is not clear that the instant claims have been presented to the California Supreme Court. 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. 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. 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. 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.'" His gang name was Five. Defendant Kimberly Knorr was an associate of the 29th Street Crips who was in a dating relationship with Kidd. 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. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." General case filed on December 5, 2013 in the California Eastern District Court. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. I have worked on wide variety of research papers including; Analytical research paper, Argumentative research paper, Interpretative research, experimental research etc. 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. On February 28, police officers discovered Kidd in a residence with a handgun and ammunition. Cal. He denied kidnapping or shooting anyone. 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. [73 Cal. Petitioner's sufficiency of the evidence claim should be denied. Connie Gipson, Respondent, represented by Kevin Lee Quade , California Department Of Justice. 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. Griffin and other defendant gang members and associates entered into an agreement to unlawfully kill Doe. Petitioner also notes that the record does not indicate whether the parties reached any agreement at the last house and that Ms. Doe was unclear whether she saw two shooters or one shooter and whether one of the shooters was co-defendant Kidd or someone else. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. The major premise of the act is to provide for substantive equality of children regardless of the marital status of the parents. On February 13, police officers found Griffin in a residence along with a gun and ammunition. (ECF No. United States v. Gray,876 F.2d 1411, 1417 (9th Cir. Neither section treats the issue here presented. 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. App. 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. A man came outside, saw Doe and carried her onto the porch. A review of the petition for habeas corpus indicates that petitioner may have failed to exhaust state court remedies. ], "(4) He receives the child into his home and openly holds out the child as his natural child. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 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. Meanwhile, Doe had returned to Nates residence and was resting in her room. 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. A waiver of exhaustion, thus, may not be implied or inferred. Most of these large-scale conspiracies fall into two major patterns: wheel and chain conspiracies. The evidence shows that petitioner and his codefendants were either members, associates, or allies of a criminal street gang called the 29th Street Crips. Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops. 636(b)(1). (Id., ECF No. You already receive all suggested Justia Opinion Summary Newsletters. James Gibson (James) was the minor son of Robert Gibson (Robert). 1, Both parents agree, however, Griffith is in fact the natural father. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Therefore concludes the mother, a parent and child relationship does not exist under Civil Code section 7001 and no rights of visitation accrue. However, he eventually admitted he went to Nates house, but only to steal something and not to kidnap or shoot anyone. Darden, 477 U.S. at 181 (quoting Donnelly,416 U.S. 637, 643, 94 S.Ct. 7-9. Issue. 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Appellate and District courts click on the accuseds silence is reversible error 195 and,... Petitioner, v. connie Gipson, Respondent, thus, may not be implied or inferred Code!
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