griffin v gipson case brief

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." ), Civil Code section 197 provides in part: "The mother of an unmarried minor child is entitled to its custody, services and earnings. 1. The three claims raised in the 2011 federal petition are different than the claims raised here. . Petitioner also asserts that the prosecutor improperly shifted the burden of proof to the defendants in the following statements: 9 RT 2460. Cal. Phrases such as unlawful objects, lawful objects by unlawful means, and objectives harmful to public health, morals, trade, and commerce are increasingly regarded as too broad and, therefore, unacceptable. James Gibson (James) was the minor son of Robert Gibson (Robert). 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. " (Italics added. 3. 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. 2d 1043 (U.S. 1964), Griffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. No. He acknowledged that he went with Knorr to Nates residence that night, but claimed he went there only to allow Knorr to pick up her things. While the mother did not raise this issue before the trial court, we examine the question. 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." DAVID GRIFFIN, Petitioner, The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus. She got into the blue Buick with three of them, and they followed the white Buick away from the scene. 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." 1166 (2003). On the aggravated kidnapping charge, Griffin received a consecutive, indeterminate term of 15 years to life. This father claims rights to visitation under Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). 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. and was left alone in the room with him. Tylers gang name was Smash, Merritt was called Lady Smash, and Griffin went by the name of Baby Attitude. Defendant Jordan Kidd was a member of the Valley High Crips, which is an ally of the 29th Street Crips. She saw Knorr, B.K., A.S., another woman and a young boy, as well as the others from the home invasion. Tyler claimed he waited in the car while Knorr went inside and that Doe came out with Knorr and departed with them voluntarily. App. 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. Doe, woke up to find them standing in his window holding a gun, after the stealing they took, Doe with them to their gang apartment complex. v. A man came outside, saw Doe and carried her onto the porch. 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. Accordingly, leave to proceed in forma pauperis is granted. 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. 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. 770, 785 (2011). The record discloses no abuse of discretion. 357 (2002). OpinionGriffin contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." United States District Court, E.D. Accordingly, "a habeas court must determine what arguments or theories supported or . 630, 556 P.2d 1081].) 2012). 1, Both parents agree, however, Griffith is in fact the natural father. ( Id., (Italics added.). Tyler also said they should rob Nate. Petitioner is granted leave to proceed in forma pauperis; 2. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. When James was accompanying 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. The findings of the court are silent as to the best interests of the child. (ECF No. He denied kidnapping or shooting anyone. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. Conspiracys vague definitions greatly enhance the chance for a guilty verdict. A conspiracy is an agreement between two or more people to commit a public offense. A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. 2140 (2004). As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. 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. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. Argued October 7, 1991-Decided December 3,1991. 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." ), The judgment in the action brought under section 7006, subd. Id. (Gang expert opined petitioner was a member of the 29th Street Crips); (gang expert opined defendant Jordan Kidd was a member of the Valley High Crips); (gang expert opined defendant Kimberly Knorr was an associate of the 29th Street Crips); (gang expert opined defendant Zachary Tyler was a member of the 29th Street Crips). Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nates escort service. 138].) The section authorizes a "petition to terminate the parental rights of the father." This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. Id. Id. 2254, together with a request to proceed in forma pauperis. Tyler then came in the room and forced Doe to orally copulate him as well. 28 U.S.C. 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? 28 U.S.C. ." 969, 974 (2006). 2254. Make your practice more effective and efficient with Casetexts legal research suite. One of the shots hit Doe in the back just below the shoulder blade. 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. The plain, usual and ordinary import of the language of section 7010, subdivision (c) authorizes the grant to Mr. Griffith of visitation rights. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. The father has faithfully complied with the support agreement. Later that evening, Doe was again placed in the white Buick and departed with Tyler, Kidd, Griffin, and Knorr. A waiver of exhaustion, thus, may not be implied or inferred. Griffin v. Gipson U.S. District Court, Eastern District California. A natural father need not be a presumptive father under Civil Code section 7004 in order to be entitled to visitation rights under Civil Code section 7010. fn. 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. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. 1971) Brief Fact Summary. 2005). On February 28, police officers discovered Kidd in a residence with a handgun and ammunition. She began walking faster and then running and continued to hear gunshots. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. He denied accompanying the others to the home of A.S. Tyler was the only defendant to testify at trial. [73 Cal. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. 2254(d) does not require a state court to give reasons before its decision can be deemed to have been `adjudicated on the merits.'" Code, 7000 et seq., enacted Stats. 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. Civil Code section 197 as amended by the Uniform Parentage Act does not purport to deal, either specifically or generally, with the rights of a man who alleges and proves himself to be the father under section 7006, subdivision (c). Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. (Civ. 3d 16, 21 [85 Cal. FN 1. Click the citation to see the full text of the cited case. Disclaimer: Tutors are not employees or representatives of TutorsOnSpot.Com, Join The Community Already Trusted By Thousands Of Students Like You, Online Financial Statement Analysis Tutors, Online Online Capsim Simulation & Rounds Tutors, Online Online Classes | Quizzes | Exams Tutors. When Doe first moved into the house, Knorr and Mia were also living there, but Mia had since moved out. She testified that petitioner and Kidd were holding guns. departed. She also saw bullets hit the ground around her. 2254(b)(3). See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. [73 Cal. 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 appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. 636(b)(1). Tyler, Kidd, Griffin, Knorr, Merritt and L.M. After stopping at another residence for 15 or 20 minutes, they drove to an area near railroad tracks and an empty field. [See former Civ. Code, 230. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. at 674. Theyre not no 29th Street Garden Block Crips. Garden Block Crips is another name for the 29th Street Crips. Knorr also worked for Nate. She argues Civil Code section 7004 establishes the presumptions necessary to create a parent and child relationship. Doe was told to get dressed and was taken into the living room. 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