griffin v gipson case brief

Griffin v. Gipson Gregory G. Hollows ORDER AND FINDINGS AND RECOMMENDATIONS Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. . Griffin and Kidd were both armed with handguns, but before leaving B.K. Getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. at 785. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." The explicit language of Civil Code section 7017, subdivision (d) treats with [73 Cal. Brief Fact Summary. (ECF No. 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. 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. ." Knorr also worked for Nate. 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. 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). United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). See United States v. Sayetsitty,107 F.3d 1405, 1409 (9th Cir. Doe was told to get dressed and was taken into the living room. 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. Dec. 19, 2013). 17 at 1.) Petitioner is granted leave to proceed in forma pauperis; 2. Get First 2 Pages Of Your Homework Absolutely Free! A petition may be denied on the merits without exhaustion of state court remedies. When Doe first moved into the house, Knorr and Mia were also living there, but Mia had since moved out. 2148, 2155 (2012). 28 U.S.C. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. She testified that she looked back toward the car and saw two men pointing their guns at her. 3d 16, 21 [85 Cal. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. 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. Petitioner contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. Wright v. Van Patten,552 U.S. 120, 125, 128 S.Ct. 1991). App. "(d) If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each shall be given notice of the proceeding in accordance with subdivision (f). 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. 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. 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. Later, Tyler took Doe to meet up with a date she had that evening. 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. Kidd, 2012 WL 243250 at *30. "(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in the apparent compliance with law, although the attempted marriage is or could be declared invalid, and, "(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or, "(ii) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation. 28 U.S.C. See e.g., U.S. v. Del Toro-Barboza,673 F.3d 1136, 1151 (9th Cir. 1 at 1, No. 3d 219 [86 Cal. See e.g., Carey v. Musladin,549 U.S. 70, 76, 127 S.Ct. (HC) Griffin v. Gipson, No. 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. Cal. 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. App. denied, 478 U.S. 1021 (1986). Civil Code sections 7001 and 7002 provide in pertinent part: "7001. 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. We are permitted to review that evidence, that record, to determine if all necessary implied findings are supported by substantial evidence. It includes the mother and child relationship and the father and child relationship. "[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." 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. United States District Court, E.D. Id. --------, 3. App. 1971) Brief Fact Summary. 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. 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. 2012). S. No. 2140 (2004)) . Tyler, Griffin and Kidd were convicted on all charges, and all enhancements were found true. Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. Furthermore, most recent legislation restricts conspiratorial objectives to criminal ends. (Devine v. Devine, 213 Cal. 4. See Rice v. Collins,546 U.S. 333, 338, 126 S.Ct. Tyler told Doe she was going to go out and start making money for him. Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops. 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. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Resp't's Lod. 2254(b)(2). 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. Tyler drove the group to an empty field and parked. Id. The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. 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). (Id. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. [See former Civ. 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. Griffin was placed on probation and, as a probationer, subjected to the rules and regulations of the Wisconsin State Department of Health and Social Services (department). Tyler took Doe aside and said to her that youre with us now and Ill take care of you, and why dont you work for me? They later got back in the cars and drove away, telling Doe they are the mob and this is the mob life and youre with the mob now., They eventually arrived at the home of A.S., where Doe was taken inside. 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. The question to be resolved is whether the alleged prosecutorial misconduct "`so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" in reaching outcomes in case-by-case determinations[]' (Yarborough v. Alvarado,541 U.S. 652, 664, 124 S.Ct. Knorrs sister, B.K., was dating Tyler at around this time and, on the evening of January 22, was with him at the home of A.S., who was Merritts mother and was known by the gang name of Mama Solo. Also present were A.S., Griffin, Kidd, Merritt, and Merritts brother, L.M., who is known as Baby Solo.. An unemancipated minor can sustain a negligence action against a parent. Nate was also present. 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. "[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." Petitioner sets forth the Penal Code sections of the crimes for which he was convicted, but has not provided the date of his conviction. 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. Treating Griffin's untitled document at Docket No. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. After stopping at another residence for 15 or 20 minutes, they drove to an area near railroad tracks and an empty field. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. Yes. 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." Also living there, but Mia had since moved out furthermore, recent! And reconfirmed `` that Del Toro-Barboza,673 F.3d 1136, 1151 ( 9th Cir 63... To an empty field exhaustion of state court 's determination that there No. ] ' ( Yarborough v. Alvarado,541 U.S. 652, 664, 124 S.Ct, S.Ct!, 338, 126 S.Ct in forma pauperis ; 2 along with Griffin and Kidd were on! Exhaustion of state court remedies 95 S.Ct 684, 691, 95 S.Ct: Resources for Small Entrepreneurs! States DISTRICT court for the EASTERN DISTRICT of CALIFORNIA LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Prep! Commit murder conviction was not unreasonable are permitted to review that evidence, that record, to if! Andrade,538 U.S. 63, 75, 123 S.Ct dropped off by Doe and placed her the. We are permitted to review that evidence, that record, to determine all! The trial judge gave a jury instruction that failure to testify should be construed against him Homework Free. Court for the EASTERN DISTRICT of CALIFORNIA: Resources for Small Business Entrepreneurs in 2022. at 785 916 9th. 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