UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. 1244) the "child and parent relationships" extend equally to every child and to every parent regardless of the marital status of the parent. Id. The petition does state that petitioner appeal his conviction through the California Supreme Court, but does not specify the claims raised on appeal. 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. The habeas corpus petitioner bears the burden of demonstrating the objectively unreasonable nature of the state court decision in light of controlling Supreme Court authority. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. Petitioners application for a writ of habeas corpus be denied; and. 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. 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." Furthermore, the asserted misconduct must result in actual, substantial prejudice. The first step in the screening process for potential markets and sites is to ________. 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. 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. 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. Any reply to the objections shall be served and filed within fourteen days after service of the objections. 1991). A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. Thus, he argues, one cannot infer from his behavior after the robbery that he necessarily was in agreement with the other codefendants for the rest of the evening., In fact, Doe testified that when they left the home of A.S., Tyler and Griffin told her they were taking her home. 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. [Civ. Yes. Citation479 P.2d 648 (Cal. at 785. The petition is also confusing in that petitioner states that he currently has a post-conviction proceeding currently pending in superior court, (ECF No. Failure to file objections within the specified time may waive the right to appeal the District Courts order. 2. 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. Click the citation to see the full text of the cited case. 1, Both parents agree, however, Griffith is in fact the natural father. Furthermore, most recent legislation restricts conspiratorial objectives to criminal ends. 630, 556 P.2d 1081].) at 2448. Early v. Packer,537 U.S. 3, 9, 123 S.Ct. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Beverly Joyce Gibson appeals from that portion of a judgment granting petitioner Michael Lynn Griffith visitation rights [73 Cal. To show that petitioner was guilty of conspiracy to commit murder under California law, the prosecution was required to show that: (1) petitioner and his co-defendants entered into an agreement to unlawfully kill Doe; (2) each specifically intended to enter into an agreement to kill a human being; (3) each of them harbored a specific intent to kill; and (4) one or both of them committed an overt act in furtherance of the agreement. 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. App. 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. 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. Code, 7001 and 7002.) From this evidence alone, a reasonable jury could infer defendants agreed to kill Doe before they ever left the home of A.S. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 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. Griffin v gipson case brief. Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. After his arrest, Kidd had been interviewed by police, and the videotape of that interview was played to his jury alone. This proceeding does not involve adoption; this is not a petition to terminate a father's rights preparatory to adoption of the child. 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. Justice Stewart, for the dissent, notes that an instruction to the jury does not compel the defendant to testify against himself and, therefore, cannot be considered in violation of ones Fifth Amendment rights. Getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. "); but see, United States v. Sanchez,659 F.3d 1252, 1224 (9th Cir. Rptr. [See former Civ. 3d 219 [86 Cal. 3d 288, 295. Any amended petition must bear the case number assigned to this action and the title "Amended Petition"; and. General case filed on December 5, 2013 in the California Eastern District Court. 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. Accordingly, IT IS HEREBY RECOMMENDED that: 1. 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. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." Tyler claimed he waited in the car while Knorr went inside and that Doe came out with Knorr and departed with them voluntarily. (Civ. Specifically, the petitioner "must show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement." While they lived together, Knorr often bragged to Doe about things she and her Crip homies did together. Id. [7] The transcript of the proceedings of the trial court is part of the record here. Rptr. App. (Civ. Griffin, Fourth Amendment to the United States Constitution. 16358. 9 RT at 2457, 2460. Kidd and Griffin were both armed with handguns. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. Himes v. Thompson,336 F.3d 848, 853 (9th Cir. 2781, 61 L.Ed.2d 560 (1979). FN 3. They took her to another house, had her sit in a recliner, and went into another room to talk. It also occurred in the Watergate conspiracy trials involving President Nixons associates during the 1970s, in the alleged conspiracies surrounding the sale of arms to Iran for hostages and the subsequent alleged diversion of funds during the 1980s, and in the alleged conspiracy of Osama bin Ladens chauffer and the various alleged conspiracies of officials in the White House during the early 2000s. To show that petitioner was guilty of conspiracy to commit murder under California law, the prosecution was required to show that: petitioner and his codefendants entered into an agreement to unlawfully kill Doe, each specifically intended to enter into an agreement to kill a human being, each of them harbored a specific intent to kill; and. Second, labor organizations, civil liberties groups, and large corporations charge that conspiracy is a weapon against their legitimate interests of, respectively, collective bargaining and strikes, dissent from accepted points of view and public policies, and profit making. Harrington, 131 S.Ct. 1991). Hire Professional Writers And Get Best Homework Writing Services In Any Subject. Code, 7010, subd. 2:13-cv-02516-MCE-GGH (2015). 1881 (1975)). Kidd and Tyler took Doe to a field near, railroad tracks and instructed her to get out of the vehicle and walk. 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. It is unclear whether Merritt accompanied them on this trip. 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. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. She testified that she looked back toward the car and saw two men pointing their guns at her. ], "(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. 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. 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. 28 U.S.C. 1975, ch. Stanley points out due process entitles an unwed father to a hearing on his fitness as a parent before his children are taken from him and proceedings which deny such opportunity to him are a denial of equal protection of the law. They found a handgun and ammunition in the room. Each defendant specifically intended to enter into an agreement to kill a human being. In January 2007, Destiny Doe and Knorr were living at the residence of Nate E. in Sacramento. She argues Civil Code section 7004 establishes the presumptions necessary to create a parent and child relationship. 743, 746 (2008). The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. 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. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. All statutory references to "legitimacy" and "illegitimacy" are eliminated. In sum, the state court decision was not contrary to, or an unreasonable application of, clearly established federal law. 1 at 2.) Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. App. Petitioner's sufficiency of the evidence claim should be denied. ), Civil Code section 197 provides in part: "The mother of an unmarried minor child is entitled to its custody, services and earnings. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. at 808-09. (c). 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. ), 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. Code, 215. 474]; In re Reyna, 55 Cal. Thus the plain meaning of section 7017, subdivision (d) indicates a legislative intent relevant to adoption proceedings. Although there may have been disagreement among them, eventually they embarked on a course of action that involved taking Doe to a field, releasing her and then taking shots at her as she attempted to flee. The Nature and Scope of Fourteenth Amendment Due Process; The Applicability of the Bill of Rights to the States, The Right to Counsel, Transcripts and Other Aids; Poverty, Equality and the Adversary System, Lineups, Showups and Other Pre-Trial Identification Procedures, Speedy Trial and Other Speedy Disposition, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), Griffin v. California, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. 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. App. 2013) (characterizing defense case as "smoke and mirrors" directed to defense case and not counsel); Williams v. Borg,139 F.3d 737, 744-45 (9th Cir. Resp't's Lod. "[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." Cal. at 785, citing Williams v. Taylor,529 U.S. 362, 410, 120 S.Ct. A waiver of exhaustion, thus, may not be implied or inferred. v. (c). The findings of the court are silent as to the best interests of the child. Several states have made efforts to overcome these criticisms by defining conspiracy elements more narrowly. App. Civil Code sections 7001 and 7002 provide in pertinent part: "7001. It is not clear that the instant claims have been presented to the California Supreme Court. Id. [See former Civ. There will be a total of five different reaction papers throughout the course. (Civ. App. United States District Court, E.D. No. App. On November 28, 2012, Griffin filed an untitled document requesting a thirty-day extension to respond. 770, 785 (2011). Id. Examination of the affidavit reveals petitioner is unable to afford th costs of this action. These participants make up the hub of the wheel conspiracy. 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. Counsel for the mother did not request a finding on this issue. at 14.) Where the state courts have not addressed the constitutional issue in dispute in any reasoned opinion, the federal court will independently review the record in adjudication of that issue. 969, 974 (2006). Petitioner filed his federal petition for writ of habeas corpus in this court on December 5, 2013. Later, Doe heard a disturbance in front of the residence caused by a prior girlfriend of Nate named Mia. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 16/10/2021 Client: muhammad11 Deadline: 2 Day. Get First 2 Pages Of Your Homework Absolutely Free! The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. Her gang name was Lady Five.. On February 13, police officers found Griffin in a residence along with a gun and ammunition. You already receive all suggested Justia Opinion Summary Newsletters. 3d 288, 294 [126 Cal. She saw Knorr, B.K., A.S., another woman and a young boy, as well as the others from the home invasion. 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. 2254(b)(1). 3d 16, 21 [85 Cal. 3d 469]. "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." United States District Court, E.D. 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. 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." 3. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. App. The trial court dismissed a negligence action filed by an unemancipated minor against his father. Johnson v. Williams,133 S.Ct. 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. Tyler, Kidd, Griffin, Knorr, Merritt and L.M. Listed below are those cases in which this Featured Case is cited. 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). Doe was told to get out of the car and to start walking through the field. The section provides that a child having a "presumed father" may not be adopted without the consent of both parents except in specified circumstances. Petitioner sets forth the Penal Code sections of the crimes for which he was convicted, but has not provided the date of his conviction. 2148, 2155 (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. James Gibson (James) was the minor son of Robert Gibson (Robert). Rptr. 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. 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." 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. United States v. Gray,876 F.2d 1411, 1417 (9th Cir. [Only the part of the opinion dealing with the conspiracy to commit murder charge, is included here]. at 681, 832, 834; 5 RT 1289-90. United States v. Young,470 U.S. 1, 12-13, 105 S.Ct. [73 Cal. The undersigned also finds that the same deference is paid to the factual determinations of state courts. 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. When Knorr arrived, she was upset and said Nate had insulted the gang. [See former Civ. On March 27, 2012, petitioner filed a petition for review with the California Supreme Court, which initially granted review, but ultimately dismissed review on October 17, 2013. (People ex rel. 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. " (Italics added. [73 Cal. 1985), cert. at *49. 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. Towery v. Schiriro,641 F.3d 300, 306 (9th Cir. 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. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. The mother relies upon this language of section 7017, subdivision (d): "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. If the natural father or a man representing himself to be the natural father, claims custodial rights, the court shall proceed to determine parentage and custodial rights in whatever order the court deems proper. 28 U.S.C. The Court of Appeal rejected this claim on direct appeal as follows: Griffin contends there is insufficient evidence he entered into a conspiracy to murder Doe. In most modern statutes, the criminal objective of the conspiracy is almost always limited to agreements to commit crimes. 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." Petitioner also asserts that the prosecutor improperly shifted the burden of proof to the defendants in the following statements: 9 RT 2460. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. Joyce Gibson appeals from that portion of a Constitution right the objections section 7004 establishes the presumptions to... Criminal objective of the trial court is part of the residence caused by a prior girlfriend of Nate in. 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