griffin v gipson case brief

She testified that she looked back toward the car and saw two men pointing their guns at her. 1 at 1, No. See United States v. Sayetsitty,107 F.3d 1405, 1409 (9th Cir. 89, 510 P.2d 33]) and a statute must be interpreted "'according to the usual, ordinary import of the language employed.'" After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. The second method for determining the father-child relationship is by a legal action brought by the man alleging himself to be the father. 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. The mother named him as the father on the birth certificate. Course Hero is not sponsored or endorsed by any college or university. [6] The best interests of the child must be given paramount consideration in any award of custody or visitation. 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). 2254(d) does not require a state court to give reasons before its decision can be deemed to have been `adjudicated on the merits.'" Get free summaries of new California Court of Appeal opinions delivered to your inbox! 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. I have read your project details and I can provide you QUALITY WORK within your given timeline and budget. No. [Civ. Id. Failure to file objections within the specified time may waive the right to appeal the District Courts order. She did as directed. Doe dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. 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." Argued October 7, 1991-Decided December 3,1991. Knowledge, recklessness, and negligence are increasingly attacked as insufficient culpability for an offense as remote from completion as conspiracy. Code, 500; In re Reyna, supra, 55 Cal. I am an elite class writer with more than 6 years of experience as an academic writer. She testified that petitioner and Kidd were holding guns. 3d 288, 294 [126 Cal. 2010). And ladies and gentlemen, I'm going to ask you not to credit that scam that has been perpetrated on you here."). 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. Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nates escort service. 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. Discussion. 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. In that interview, Kidd first denied any involvement in the matter. Furthermore, most recent legislation restricts conspiratorial objectives to criminal ends. [See former Evid. Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. FN 4. Others participate in only one transaction; they are the spokes in the wheel. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. Meanwhile, the intruders took off their bandanas and rummaged through the house looking for things to steal. Hire Professional Writers And Get Best Homework Writing Services In Any Subject. Citation479 P.2d 648 (Cal. Rptr. 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. 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. 2253(c)(2). 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. 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. 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. Tyler asserted that, when they left, Doe asked to be taken to a school where she met up with some of her homeboys. Doe got out and spoke with four men. v. Cal. at *49. 1991). Each defendant specifically intended to enter into an agreement to kill a human being. Tyler claimed he waited in the car while Knorr went inside and that Doe came out with Knorr and departed with them voluntarily. His gang name was Five. Defendant Kimberly Knorr was an associate of the 29th Street Crips who was in a dating relationship with Kidd. could have supported[] the state court's decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of this Court." The petition is also confusing in that petitioner states that he currently has a post-conviction proceeding currently pending in superior court, (ECF No. ), 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." Therefore concludes the mother, a parent and child relationship does not exist under Civil Code section 7001 and no rights of visitation accrue. Failure to file objections within the specified time may waive the right to appeal the District Court's order. Doe told the man the 29th Street Crips had shot her. Yes. 1244) the "child and parent relationships" extend equally to every child and to every parent regardless of the marital status of the parent. 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. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. Relief should be denied on petitioner's prosecutorial misconduct claims. 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. 16/10/2021 Client: muhammad11 Deadline: 2 Day. The threat to parental discipline is not enough to bar a minors negligence claim against his parent. "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." Griffin and Kidd were both armed with handguns, but before leaving B.K. Civil Code section 7017 defends the bounds of parental rights where the mother proposes to relinquish a child for adoption. 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. No. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Griffin v. Gipson U.S. District Court, Eastern District California. ], "(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and, "(i) With his consent, he is named as the child's father on the child's birth certificate, or, "(ii) He is obligated to support the child under a written voluntary promise or by court order. Harrington, 131 S.Ct. 19, Filing Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System. (c). This father claims rights to visitation under Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. Doe was told to get dressed and was taken into the living room. 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. I have worked on wide variety of research papers including; Analytical research paper, Argumentative research paper, Interpretative research, experimental research etc. On February 13, police officers found Griffin in a residence along with a gun and ammunition. 2010) (en banc). Section 7004, relied upon by the mother, sets out the factual circumstances which will give rise either to a conclusive presumption of parentage by the male (Evid. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. He contends the prosecutor committed misconduct by improperly attacking defense counsel and the role of the defense attorneys, shifting the burden of proof to the defense, and appealing to the passion of the jurors. one or both of them committed an overt act in furtherance of the agreement. Petitioner and Kidd exited the car and told Ms. Doe to get out and walk home, pointing towards the field. While mere association does not prove a criminal conspiracy, common gang membership may be part of circumstantial evidence supporting the inference of a conspiracy. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. Docs. Court of Appeals of California, Fourth Appellate District, Division One. at 679. App. Not often mentioned, but extremely important, is that intense media attention to conspiracy trials can lead to abuse. 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. 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 more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations.'" The vague definitions of the elements in conspiracy offer considerable opportunity for prosecutorial and judicial discretion. Click on the case name to see the full text of the citing case. However, if the state courts have not adjudicated the merits of the federal issue, no AEDPA deference is given; the issue is reviewed de novo under general principles of federal law. 3d 479, 489 [134 Cal. Cal. Picard v. Connor, 404 U.S. 270, 276 (1971); Middleton v. Cupp, 768 F.2d 1083, 1086 (9th Cir. Id. 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. We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. 3d 219 [86 Cal. Chicago School of Professional Psychology, District Attorney_s Office v. Osborne.docx, Estate of Armstrong v. Village of Pinehurst.docx, CB3 State v. Gordon, 321 A.2d 352 (1974).docx, Saturn is associated with Dharma Rja He is the deity who sees everything and, OF UNWANTED MATERIALS SPECIAL TOOLS REQUIRED MATERIALS REQUIRED Table 65 4, i securities dealers brokers salesmen investment houses and other similar, de estadstica y probabilidad bsicos ya que comprende desde el uso de la, 8 What is the disadvantage of BST over the hash table a BST is easier to, When Johnny wanted a cookie before dinner he thought about just going and taking, Early adoption is not permitted Entity Period ended Materialit y Account balance, Question 7 What resources are available to you to assist you in interpreting, Which of the following are even smaller than viruses chlamydias prions and. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. 2254, together with a request to proceed in forma pauperis. Petitioner's sufficiency of the evidence claim should be denied. 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.. Finally, on the charges of attempted murder and robbery in concert, Griffin received further indeterminate terms that were stayed pursuant to section 654. 3d 472]. The section authorizes a "petition to terminate the parental rights of the father." A parent can be held liable for negligence if their actions are inconsistent with that of a reasonable parent in similar circumstances. You already receive all suggested Justia Opinion Summary Newsletters. 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. (Jackson v. Virginia, 443 U.S. 307, 319 (1979). "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." 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 undersigned, like the California Court of Appeal, has difficulty determining how the prosecutor's statements regarding Miss Doe amount to improper burden-shifting. 2:13-cv-02516-MCE-GGH (2015). (ECF No. To break this down further, the holding indicates that an inference as to ones silence nullifies the reason for taking the silence to begin with. The first step in the screening process for potential markets and sites is to ________. 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. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Kidd, 2012 WL 243250 at *32. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. They found a handgun and ammunition in the room. United States v. Gray,876 F.2d 1411, 1417 (9th Cir. 630, 556 P.2d 1081].) See e.g., U.S. v. Del Toro-Barboza,673 F.3d 1136, 1151 (9th Cir. The mother would repeal the specific express grant of rights under sections 7006, subdivision (c) and 7010, subdivision (c) by implication, by the silence of Civil Code section 197. Synopsis of Rule of Law. Under former section 200 of the Civil Code (repealed by the enactment of the Uniform Parentage Act) the mother of a minor child born out of wedlock has the right to the minor's custody to the exclusion of the natural father. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Harrington, 131 S.Ct. 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. 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. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." In order to determine whether misconduct occurred, it is necessary to examine the entire proceedings and place the prosecutor's conduct in context. Resp't's Lod. The findings of the court are silent as to the best interests of the child. She fell asleep on Knorrs bed. The California Court of Appeal ordered that petitioner be resentenced, but otherwise affirmed the judgment. Accordingly, IT IS HEREBY RECOMMENDED that: 1. [7] The transcript of the proceedings of the trial court is part of the record here. S. No. 1971) Brief Fact Summary. See Jackson, 443 U.S. at 324 n. 16; Chein, 373 F.3d at 983. He denied accompanying the others to the home of A.S. Tyler was the only defendant to testify at trial. Neither section treats the issue here presented. 1. California. 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. 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. 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. . Petitioners sufficiency of the evidence claim should be denied. When Doe first moved into the house, Knorr and Mia were also living there, but Mia had since moved out. 3d 474] (Warne v. Harkness, 60 Cal. 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. She testified that petitioner and Kidd were holding guns. Some time later, Doe awoke and saw a silhouette outside the bedroom window. He was also convicted of active participation in a criminal street gang. 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. 3 RT 806-07. Such judgment "may contain" an order directed against the "appropriate party" concerning "visitation privileges with the child." 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. 743, 746 (2008). 3d 517, 522 [108 Cal. Younger v. Superior Court, 16 Cal. After Knorr was dropped off, she called B.K. Petitioner also asserts that the prosecutor improperly shifted the burden of proof to the defendants in the following statements: 9 RT 2460. . ." See Griffin v. Lewis, Civ. Petitioners application for a writ of habeas corpus be denied; and. Early, 537 U.S. at 8, 123 S.Ct. As used in this part, 'parent and child relationship' means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: In most cases, the one year period will start to run on the date on which the state court judgment became final by the conclusion of direct review or the expiration of time for seeking direct review, although the statute of limitations is tolled while a properly filed application for state post-conviction or other collateral review is pending. The text will be double-spaced and formatted using APA format. 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. 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. [This case excerpt includes only the parts dealing with conspiracy to commit murder.], FactsDefendants Zachary Tyler (Smash), David Griffin (Baby Attitude) and Lashea Merritt (Lady Smash) were members of a criminal street gang called the 29th Street Crips, which is based in South Sacramento. Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. Later that evening, Doe was again placed in the white Buick and departed with Tyler, Kidd, Griffin, and Knorr. ), [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." A subscription to PACER is required. 636(b)(1). There is a presumption against repeal by implication. The case was tried to two juries, one for Kidd alone and the other for the remaining defendants. Code, 215. at 808-09. App. 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. 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. 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. 2:2013cv02516 - Document 20 (E.D. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. They pointed guns at her and told her not to say anything. Filing Thus, extrapolations of settled law to unique situations will not qualify as clearly established. ), [3] Under the Uniform Parentage Act (Civ. The undersigned agrees. She argues Civil Code section 7004 establishes the presumptions necessary to create a parent and child relationship. 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. Griffith admittedly does not come within the provisions of Civil Code section 7004 as a "presumptive natural father." at 786-787. 601, 387 P.2d 377].) (ECF No. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. [See former Civ. Griffin v. Gipson. Brief Fact Summary. 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.. James Gibson (James) was the minor son of Robert Gibson (Robert). 1088, 1091 (2013). (Italics added.). 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." After reading your project details, I feel myself as the best option for you to fulfill this project with 100 percent perfection. S. No. (a).) Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops. 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. Knorr also worked for Nate. per., for Plaintiff and Respondent. An unemancipated minor can sustain a negligence action against a parent. 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). 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. Citations are also linked in the body of the Featured Case. ), 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. Synopsis of Rule of Law. Bradshaw v. Richey,546 U.S. 74, 76, 126 S.Ct. Rptr. 3d 475]. App. The presumption is rebutted by a court decree establishing paternity of the child by another man.". App. The father has faithfully complied with the support agreement. 2148, 2155 (2012). Id. The mother contends a natural father must "meet one or more of the criteria under the Uniform Parentage Act section 7004 for the Court to declare the existence of a parent and child relationship." For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. She got into the blue Buick with three of them, and they followed the white Buick away from the scene. at 2469. Sign up for our free summaries and get the latest delivered directly to you. (Bookstein v. Bookstein, 7 Cal. App. 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). ], This site is protected by reCAPTCHA and the Google. 3d 16, 21 [85 Cal. at 2448. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. 1 at 2.) Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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.