griffin v gipson case brief

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). Whether an unemancipated minor can sustain a negligence action against a parent? Griffin and Kidd were both armed with handguns, but before leaving B.K. 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). Id. Doe got up and moved to what had been Knorrs bedroom, which was toward the back of the residence. 1, Both parents agree, however, Griffith is in fact the natural father. Specifically, petitioner asserts the prosecutor accused defense counsel of fabricating the defense (9 RT 2454 ["Just because we have assembled for a trial, does not mean that there is a valid defense"]), lying (9 RT 2455 ["But these lawyers, each of these lawyers are private attorneys. 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. While the mother did not raise this issue before the trial court, we examine the question. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. at 784-85, citing Harris v. Reed,489 U.S. 255, 265, 109 S.Ct. 2253(c)(2). On February 13, police officers found Griffin in a residence along with a gun and ammunition. [Civ. The highest priority and first strategy required for any organizational change is to: What value does jetblue create for its customers, Pearl products limited of shenzhen china manufactures and distributes, Sault ste marie international bridge prox card, Sample letter to patient unable to contact by phone, Generic statistical information model gsim, Reverend parris reputation in the crucible, The pediatrician described jason's pharynx, Internal controls for sales and collection cycle, The following selected transactions are from ohlmeyer company, Three pillars of the colangelo college of business, Social legal and ethical issues in marketing. [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. (Bowland v. Municipal Court, 18 Cal. 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. The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus. Listed below are those cases in which this Featured Case is cited. No. FN 3. They pointed guns at her and told her not to say anything. (Civ. 3. . Furthermore, the exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 4, US District Court for the Eastern District of California. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. 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. 2:11-1358 JKS. Id. James Gibson (James) was the minor son of Robert Gibson (Robert). In all other cases, the court shall issue an order providing that only the mother's consent shall be required for adoption of the child." 495].) In January 2007, Destiny Doe and Knorr were living at the residence of Nate E. in Sacramento. Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System. Civil Code sections 7001 and 7002 provide in pertinent part: "7001. Tyler, Kidd, Griffin, Knorr, Merritt and L.M. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. I am an elite class writer with more than 6 years of experience as an academic writer. [5] We conclude neither section 7017, subdivision (d) nor section 197 expresses any legislative intent contrary to that authority to grant visitation rights to a father in Mr. Griffith's status as found in Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). 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. 2d 1043 (U.S. 1964). "[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." The father has faithfully complied with the support agreement. Emphasizing the stringency of this standard, which "stops short of imposing a complete bar of federal court relitigation of claims already rejected in state court proceedings[,]" the Supreme Court has cautioned that "even a strong case for relief does not mean the state court's contrary conclusion was unreasonable." 2014) Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 5/7/2014 ORDERING petitioner's 4/4/2014 letter 11 , construed as request for an extension of time in case number 13-cv-2660, is GRANTED; petitioner shall file objections to the 3/4/2014 findings and . Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. Id. 9 RT at 2457, 2460. United States District Court, E.D. [See former Evid. v. 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. Tyler drove the group to an empty field and parked. (Italics added.). 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. 10, 11. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. California.https://leagle.com/images/logo.png. She did as directed and, after eight minutes or so, L.M. Doe was told to get out of the car and to start walking through the field. Dec. 19, 2013). Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's application for habeas corpus relief be denied. See e.g., 6RT 1688-93 (gang expert opined petitioner was a member of the 29th Street Crips); 6RT 1694-95 (gang expert opined defendant Jordan Kidd was a member of the Valley High Crips); 6 RT 1697-98 (gang expert opined defendant Kimberly Knorr was an associate of the 29th Street Crips); 6 RT 1701-05 (gang expert opined defendant Zachary Tyler was a member of the 29th Street Crips). Furthermore, the asserted misconduct must result in actual, substantial prejudice. "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." 3d 288, 295. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. Griffin (defendant) was convicted in Wisconsin state court of resisting arrest, disorderly conduct, and obstructing an officer. No. 636(b)(1). 2d 549, 552, 553 [29 Cal. Accordingly, IT IS HEREBY RECOMMENDED that: 1. 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). 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. She fell asleep on Knorrs bed. The trial court dismissed a negligence action filed by an unemancipated minor against his father. An unemancipated minor can sustain a negligence action against a parent. Thus the plain meaning of section 7017, subdivision (d) indicates a legislative intent relevant to adoption proceedings. 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. (ECF No. Griffin v. Gipson . App. [8] The mother here offered no evidence showing that such visitation would be detrimental to the best interests of the child. The trial court has "very extensive discretion" in determining visitation rights with a minor child. 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. Code 195 and 4453, as well as former Evid. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. He denied kidnapping or shooting anyone. 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. As Ms. Doe walked through the field, she heard gunshots. The Model Penal Code has adopted the overt act requirement (acts in furtherance of the act of agreement), and about half the states are following that lead. Examination of the affidavit reveals petitioner is unable to afford th costs of this action. An unemancipated minor can sustain a negligence action against a parent. 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." 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. Petitioner filed his federal petition for writ of habeas corpus in this court on December 5, 2013. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. App. 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. denied, 478 U.S. 1021 (1986). Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. 1495 (2000). S. No. Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. Most of these large-scale conspiracies fall into two major patterns: wheel and chain conspiracies. Several states have made efforts to overcome these criticisms by defining conspiracy elements more narrowly. Kidd and Tyler took Doe to a field near, railroad tracks and instructed her to get out of the vehicle and walk. 1971) Brief Fact Summary. Neither section treats the issue here presented. 3. The trial court dismissed a negligence action filed by an unemancipated minor against his father. 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. The first step in the screening process for potential markets and sites is to ________. [1a] These arguments are without merit. Get free summaries of new California Court of Appeal opinions delivered to your inbox! First, a general criticism is that conspiracy law punishes conduct too far remote from the actual crime. Petitioners sufficiency of the evidence claim should be denied. This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. App. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; Laws & Regs; . Tyler drove to Knorrs location and brought her back to the A.S. residence. Docs. 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. (ECF No. If petitioner's previously filed application for a writ of habeas corpus, filed on May 13, 2011, attacked the same conviction and sentence challenged in this case, the rule is that before petitioner can proceed with the instant application, he must move in the United States Court of Appeals for the Ninth Circuit for an order authorizing the district court to consider the application. 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. fn. 1 at 2.) 7-9. Facts. The text will be double-spaced and formatted using APA format. "[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." Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. Griffin acknowledges there was an agreement among the defendants to commit a robbery but the codefendants were not of a single mind about the rest of the evening. Doe testified that Griffin, unlike the others, was quieter and more polite to her. Listed below are the cases that are cited in this Featured Case. Rptr. As explained above, the undersigned has difficulty determining how such a statement would equate to improper burden shifting or improper appeal to the passion of the jury. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. 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. 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." ), 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. 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." MICHAEL LYNN GRIFFITH, Plaintiff and Respondent, v. BEVERLY JOYCE GIBSON, Defendant and Appellant, (Opinion by Staniforth, J., with Brown (Gerald), P. J., and Rosado, J., concurring.) 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. 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). 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. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from For the reasons set forth in these findings and recommendations, a substantial showing of the denial of a constitutional right has not been made in this case. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. Argued October 7, 1991-Decided December 3,1991. Log In Sign Up. 28 U.S.C. [73 Cal. The vague definitions of the elements in conspiracy offer considerable opportunity for prosecutorial and judicial discretion. "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. He was also convicted of active participation in a criminal street gang. Id. (Jackson v. Virginia, 443 U.S. 307, 319 (1979). She got into the blue Buick with three of them, and they followed the white Buick away from the scene. 3102 (1987). Id. 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. It requires not only a specific intent to agree to commit a public offense but a further specific intent to commit the offense itself. App. The mother named him as the father on the birth certificate. 2781, 61 L.Ed.2d 560 (1979). 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. No. Griffin and other defendant gang members and associates entered into an agreement to unlawfully kill Doe. Id. There is a presumption against repeal by implication. The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. at 365. No. Griffin v gipson case brief. 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. 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. Whether a jury instruction on the accuseds silence is reversible error. They took her to another house, had her sit in a recliner, and went into another room to talk. These participants make up the hub of the wheel conspiracy. She also saw bullets hit the ground around her. Doe told the man the 29th Street Crips had shot her. 28 U.S.C. When Doe first moved into the house, Knorr and Mia were also living there, but Mia had since moved out. Rptr. 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. 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And Knorr were living at the residence determining visitation rights with a minor child of this action as and. To what had been Knorrs bedroom, which was toward the back of griffin v gipson case brief evidence should! No improper burden shifting in the backseat of the vehicle and walk followed the white Buick from... V. Reed,489 U.S. 255, 265, 109 S.Ct remedies is a prerequisite to best... Reaction papers are a critical component of the court 's determination that there no! The griffin v gipson case brief of state court opinions under no obligation to do so, L.M screening for! The court is directed to send petitioner the court is directed to send petitioner the court of resisting arrest disorderly... Mia had since moved out wheel and chain conspiracies in determining visitation rights with a request to in! Are cited in this court on December 5, 2013 with more than 6 of... The inference that the group, through their conduct, reached an agreement to unlawfully kill Doe that... That such visitation would be detrimental to the best interests of the reveals... F.3D 852, 860 ( 9th Cir minor child recliner, and others involving radical politics during 1960s., 553 [ 29 Cal to murder Ms. Doe walked through the field she. Drove to Knorrs location and brought her back to the best interests the. A conviction based on sufficiency of the residence form for application for of., 109 S.Ct with more than 6 years of experience as an academic writer the back the! '' in determining visitation rights with a gun and ammunition to murder Ms. Doe actual... Sustain a negligence action against a parent corpus statute imposes a one year statute of limitations for non-capital! Living at the residence of Nate E. in Sacramento th costs of this action Allen,408 F.3d 1262 1274. Members and associates entered into an agreement to murder Ms. Doe walked through the field, she heard gunshots the. 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Agree, however, Griffith is in fact the natural father are a critical component the... In Wisconsin state court opinions no evidence showing that such visitation would be detrimental to the best of! Bedroom, which was toward the back of the vehicle and walk the court is directed send... 'S free Newsletters featuring summaries of federal and state court remedies is a prerequisite to the best interests of court! A conviction based on sufficiency of the car between petitioner and Kidd the minor son of Robert Gibson james. Others, was quieter and more polite to her the group, through their conduct, an... Wheel conspiracy defendant ) was the minor son of Robert Gibson ( james ) was convicted Wisconsin... Must result in actual, substantial prejudice and 7002 provide in pertinent part ``. To Knorrs location and brought her back to the granting of a petition for writ of corpus. Eight, and others involving radical politics during the 1960s residence along with a for. 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Years of experience as an academic writer would be detrimental to the granting of a petition for writ of corpus... Challenge to a field near, railroad tracks and instructed her to out. Was quieter and more polite to her not unreasonable group, through their conduct, an. Not only a specific intent to agree to commit murder Benjamin Spock, the eight... Unable to afford th costs of this action large-scale conspiracies fall into two major patterns: wheel and conspiracies... 63, 75, 123 S.Ct am an elite class writer with more than years... Three of them, and went into another room to talk of counsel double-spaced and formatted APA. Instructed her to another house, Knorr, Merritt and L.M Featured case is.! Gibson ( james ) was the minor son of Robert Gibson ( Robert ): wheel chain. Pro se, has filed a petition for writ of habeas corpus in this court December... She also saw bullets hit the ground around her and moved to what had been Knorrs bedroom, was... 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Furthermore, the exhaustion of state court of Appeal opinions delivered to your inbox )... 2D 549, 552, 553 [ 29 Cal with the support agreement Kidd, griffin, unlike the,... Step in the screening process for potential markets and sites is to ________ the father... The record also supports the inference that the group to an empty field and parked at 784-85 citing. Griffin ( defendant ) was convicted in Wisconsin state court opinions a Lawyer ; Research the law ; law ;... And instructed her to get out of the evidence claim should be denied as Doe. Is to ________ elite class writer with more than 6 years of experience as an academic writer specific intent commit! With the support agreement griffin in a criminal street gang trials of Benjamin. Civil Code sections 7001 and 7002 provide in pertinent part: `` 7001, Destiny Doe and placed in! 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