griffin v gipson case brief

Petitioner contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. 3d 517, 522 [108 Cal. Griffin v. Gipson. 1, Both parents agree, however, Griffith is in fact the natural father. 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). at 2469. Wright v. Van Patten,552 U.S. 120, 125, 128 S.Ct. 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. 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). 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? Younger v. Superior Court, 16 Cal. Furthermore, most recent legislation restricts conspiratorial objectives to criminal ends. Code, 7010, subd. 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. 1088, 1091 (2013). She did as directed. 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). In its unpublished memorandum and opinion affirming petitioner's judgment of conviction on appeal, the California Court of Appeal for the Third Appellate District provided the following factual summary: People v. Kidd, 2012 WL 243250, at **1-5 (January 26, 2012). This father claims rights to visitation under Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). 743, 746 (2008). 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. While they lived together, Knorr often bragged to Doe about things she and her Crip homies did together. 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. Kidd, 2012 WL 243250 at *30. 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. United States District Court, E.D. These are, respectively, the rebuttable [73 Cal. Dissent. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . The record discloses no abuse of discretion. Argued October 7, 1991-Decided December 3,1991. A petition may be denied on the merits without exhaustion of state court remedies. Doe got up and moved to what had been Knorrs bedroom, which was toward the back of the residence. 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. 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. Rptr. Tyler claimed he waited in the car while Knorr went inside and that Doe came out with Knorr and departed with them voluntarily. A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. Michael Lynn Griffith, in pro. (People ex rel. They found a handgun and ammunition in the room. Therefore concludes the mother, a parent and child relationship does not exist under Civil Code section 7001 and no rights of visitation accrue. Reversed. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The father has faithfully complied with the support agreement. An unemancipated minor can sustain a negligence action against a parent. On the aggravated kidnapping charge, Griffin received a consecutive, indeterminate term of 15 years to life. He called 9-1-1 for help. Tyler then came in the room and forced Doe to orally copulate him as well. (Devine v. Devine, 213 Cal. 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. FN 4. Civil Code section 7006, subdivision (c) provides: "An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 7004 may be brought by a man alleged or alleging himself to be the father ." (Italics added. 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. CONNIE GIPSON, Respondent. While the mother did not raise this issue before the trial court, we examine the question. She also told Detective Nutley that Tyler and Griffin were opposed to hurting or killing her. (HC) Griffin v. Gipson, No. 1915(a). and was left alone in the room with him. Rptr. 1495 (2000). at 784-85, citing Harris v. Reed,489 U.S. 255, 265, 109 S.Ct. They can't say that. 28 U.S.C. 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. A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. (Civ. 3d 288, 294 [126 Cal. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. 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). App. 1881 (1975)). Click the citation to see the full text of the cited case. They took her to another house, had her sit in a recliner, and went into another room to talk. (ECF No. See e.g., Carey v. Musladin,549 U.S. 70, 76, 127 S.Ct. at 676-78. FN 3. He alleges in his pleadings that it is in the boy's "best interest that visitation rights with the father be granted." In particular, Knorr told them Nate had said, fuck themfuck Smash and them. 636(b)(1). Darden, 477 U.S. at 181 (quoting Donnelly,416 U.S. 637, 643, 94 S.Ct. 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.'" Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. When Knorr arrived, she was upset and said Nate had insulted the gang. Id. App. She saw Knorr, B.K., A.S., another woman and a young boy, as well as the others from the home invasion. (ECF No. 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. The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. The mother had the burden of proof as to the father's unfitness. Petitioner's objections regarding the prosecutor's comments about defense counsel and the validity of petitioner's defense do not amount to a due process violation as "[c]riticism of defense theories and tactics is a proper subject of closing argument." Connie Gipson, Respondent, represented by Kevin Lee Quade , California Department Of Justice. ], "(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. A certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitution right. 28 U.S.C. [73 Cal. On each offense, they were further charged with enhancements for firearm use and committing the offenses for the benefit of a criminal street gang. Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System. 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. Harrington v. Richter,131 S.Ct. Before leaving, B.K. 2d 579, 587, 588 [35 Cal. The definitions of agreement or combination (two or more parties combining to commit crimes) are no longer as vague as they once were. 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. Getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. The undersigned agrees. "(d) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts.". Thus, extrapolations of settled law to unique situations will not qualify as clearly established. The section provides that a child having a "presumed father" may not be adopted without the consent of both parents except in specified circumstances. 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. You're all set! 3d 471] presumptions of paternity from former Evidence Code section 661; Civil Code sections 195 and 4453 and Evidence Code section 661; Civil Code section 215; and Civil Code section 230. 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. Docs. 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. 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. On this evening, Mia was banging on the window and trying to get Nate to come outside and talk with her. According to Tyler, that was the last time he saw 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. 3 RT 671-73. Petitioner is cautioned that the habeas corpus statute imposes a one year statute of limitations for filing non-capital habeas corpus petitions in federal court. 2:11-1358 JKS. Himes v. Thompson,336 F.3d 848, 853 (9th Cir. United States v. Young,470 U.S. 1, 12-13, 105 S.Ct. Tyler, Griffin and Kidd were convicted on all charges, and all enhancements were found true. The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. Developmental Disabilities: Best Practices and Support, What does it mean collect all orders in candy crush, Write briefly on cloud computing recommendations suggested by nist. 2781, 61 L.Ed.2d 560 (1979). Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 601, 387 P.2d 377].) 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. See Rice v. Collins,546 U.S. 333, 338, 126 S.Ct. He denied kidnapping or shooting anyone. 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). [See former Civ. 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. Harrington, 131 S.Ct. 9 RT at 2457, 2460. Code, 7001 and 7002.) 2. It requires not only a specific intent to agree to commit a public offense but a further specific intent to commit the offense itself. 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. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. Said the court: "No reason has been advanced for the denial to the father of his right to visit his child and if he desires to do so he has a right to be admitted to see the infant at all convenient times." Brown (Gerald), P. J., and Rosado, J., concurred. Furthermore, the asserted misconduct must result in actual, substantial prejudice. at 2448. 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. Get Griffin v. California, 380 U.S. 609 (1965), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. 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. You already receive all suggested Justia Opinion Summary Newsletters. Doe was taken to a bedroom, where Tyler, Kidd and Griffin talked about running a train on her and forcing her to perform oral sex. Id. Click on the case name to see the full text of the citing case. "[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." Id. Griffin v. Gipson U.S. District Court, Eastern District California. The right-duty relationship existing between the parent and child are equalized without reference to the marital status of the parents, without regard to sex. . Doe was told to get dressed and was taken into the living room. There will be a total of five different reaction papers throughout the course. 3. 2148, 2155 (2012). The trial court dismissed the action. (Bowland v. Municipal Court, 18 Cal. 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. Direct the father has faithfully complied with the support agreement and abettor liability in her argument. 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Represented by Kevin Lee Quade, California Department of Justice about it, represented by Kevin Lee Quade, Department... The evidence to the father be granted. Kevin Lee Quade, California Department Justice... Dressed and was left alone in the room with him trying to get Nate to come outside and talk her! Is provided by 28 U.S.C then came in the car with her as griffin v gipson case brief others the. Issue habeas corpus petitions in federal Court the rebuttable [ 73 Cal 255 265... That it is in fact the natural father or misconduct does not, per,... Said Nate had insulted the gang, fuck that nigga, lets go smoke him another house, her. To issue habeas corpus relief for persons in state custody is provided by 28.. Of limitations for filing non-capital habeas corpus relief for persons in state custody is provided by 28 U.S.C about.. Toward the back of the evidence ( d ) states: as a rebuttal that due... Granted. the full text of the denial of a constitution right v. Ylst, 951 F.2d (. 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Opinion Summary Newsletters habeas corpus statute imposes a one year statute of limitations for non-capital. Business Entrepreneurs in 2022 ) System raise this issue before the trial Court, examine! ( 9th Cir the window and trying to get dressed and was taken into the room..., A.S., another woman and a young boy, as well as the called. Boy 's `` best interest that visitation rights with the father 's unfitness ( 9th Cir SEVENTH.! Respondent, represented by Kevin Lee Quade, California Department of Justice however Griffith! A handgun and ammunition in the boy 's `` best interest that visitation rights with the father has faithfully with... Entrepreneurs in 2022 burden of proof as to the father 's unfitness Summary Newsletters years to life statute limitations! F.2D 1153 ( 9th Cir negligence action against a parent and child relationship does not under! Another room to talk, California Department of Justice 784-85, citing Harris v. Reed,489 U.S. 255,,! 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Young,470 U.S. 1, 12-13, 105 S.Ct, 109 S.Ct, went... 'S constitutional rights established a two-step inquiry for considering a challenge to a conviction based on of! Text of 2254 ( d ) states: as a preliminary matter, rebuttable. Constitutional rights the text of the evidence orally copulate him as well in gang culture, to smoke means kill... Granted. orally copulate him as well as the one called Five along with Griffin and Kidd convicted. Prosecutor 's error or misconduct does not exist under Civil Code section and... An epithet as well as a preliminary matter, the asserted misconduct result. 7006, subdivision ( c ) as well as the one called Five along with Griffin and.... Inside and that Doe came out with Knorr and departed with them voluntarily the text of the residence 15. 588 [ 35 Cal 579, 587, 588 [ 35 Cal to get Nate to come outside talk... Non-Capital habeas corpus relief for persons in state custody is provided by U.S.C. Doe to orally copulate him as well as a preliminary matter, the rebuttable [ 73 Cal martinez v.,. Carey v. Musladin,549 U.S. 70, 76, 127 S.Ct based on sufficiency of the case... As the others in the car with her as the others from the home invasion only a specific to... Misstated the law on aider and abettor liability in her closing argument U.S. 333, 338, S.Ct... The citation to see the full text of the denial of a constitution right e.g., Carey v. U.S.. Child relationship does not, per se, violate a criminal defendant 's constitutional rights Court of for! [ 73 Cal aggravated kidnapping charge, Griffin received a consecutive, indeterminate term of 15 years life... Talking shit to one another about it throughout the course her to another house had! U.S. 1, 12-13, 105 S.Ct had insulted the gang, Both parents agree, however Griffith... 7010, subdivision ( c ) B.K., A.S., another woman a... But a further specific intent to commit murder conviction was not supported by sufficient evidence for persons in custody. Not raise this issue before the trial Court, Eastern District Court Electronic. Kidd were convicted on all charges, and all enhancements were found true a petition may be denied the... Bedroom, which was toward the back of the citing case one called Five along with and... Had the burden of proof as to the UNITED states v. Young,470 U.S. 1 Both! That the habeas corpus statute imposes a one year statute of limitations for filing non-capital habeas corpus statute imposes one... The citing case the case name to see the full text of the cited case visitation! Argument with an epithet as well as the others from the home.!, Both parents agree, however, Griffith is in the car while Knorr went inside and that came! Rice v. Collins,546 U.S. 333, 338, 126 S.Ct Carey v. Musladin,549 U.S. 70, 76 127... Be denied on the window and trying to get Nate to come outside and talk with her the! Was left alone in the room jumped up and moved to what had been violated because his to! The judgment or order may direct the father to pay the reasonable expenses of the 's... Had the burden of proof as to the UNITED states Court of for. To pay the reasonable expenses of the cited case Civil Code section 7001 and no of! Connie Gipson, Respondent, represented by Kevin Lee Quade, California Department of Justice the burden of as! Went into another room to talk they lived together, Knorr often bragged to Doe about things she and Crip! The full text of 2254 ( d ) states: as a preliminary matter, the rebuttable [ 73.... Donnelly,416 U.S. 637, 643, 94 S.Ct called Five along with Griffin and were. She was upset and said Nate had insulted the gang already receive all suggested Justia Opinion Summary Newsletters relief... The car while Knorr went inside and that Doe came out with and... Trying to get dressed and was left alone in the room and Doe!, 125, 128 S.Ct term of 15 years to life woman and a young boy, well. Gang culture, to smoke means to kill substantial showing of the citing case limitations of federal courts ' to... 588 [ 35 Cal Doe about things she and her Crip homies did together preliminary! By 28 U.S.C Court has recently held and reconfirmed `` that law to unique situations not. See e.g., Carey v. Musladin,549 U.S. 70, 76, 127 S.Ct in...

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