2140 (2004)) . (Evid. App. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. at 365. 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. No. (b).) Others participate in only one transaction; they are the spokes in the wheel. The total sentence imposed on Griffin was 19 years 8 months, plus 65 years to life. [73 Cal. A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. 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. Harrington v. Richter,131 S.Ct. They all stopped at an apartment complex on 29th Street that had been the birthplace of the gang. Tyler then drove them to the residence of A.S. and hung out there for a while. James sued Robert for negligence. Civil Code section 7017 provides in part: "(a) If a mother relinquishes or consents to or proposes to relinquish for adoption a child who has (1) a presumed father under subdivision (a) of Section 7004 or (2) a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction, the father shall be given notice of the adoption proceeding and have the rights provided under Chapter 2 (commencing with Section 221), Title 2, Part 3, Division 1 of the Civil Code, unless the father's relationship to the child has been previously terminated or determined by a court not to exist or the father has voluntarily relinquished or consented to the adoption of such child. He denied accompanying the others to the home of A.S. Tyler was the only defendant to testify at trial. 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. 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. at 14.) 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. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Docs. According to Tyler, that was the last time he saw Doe. Listed below are the cases that are cited in this Featured Case. 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." Facts. 2:11-1358 JKS. (c). Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 2:2013cv02516 - Document 16 (E.D. 1868 (1974). 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. (Jackson v. Virginia, 443 U.S. 307, 319 (1979). 3d 288, 294 [126 Cal. (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). FN 1. 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 and Kidd exited the car and told Ms. Doe to get out and walk home, pointing towards the field. 2005). Code, 661.]. CONNIE GIPSON, Respondent. per., for Plaintiff and Respondent. Petitioner's application for writ of habeas corpus is dismissed with leave to amend within thirty days from the date of this order; By setting this deadline the court is making no finding or representation that the petition is not subject to dismissal as untimely. Cal. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. According to the prosecutions gang expert, all of the foregoing actions of the defendants were for the benefit of the 29th Street Crips. App. An unemancipated minor can sustain a negligence action against a parent. 3d 479, 489 [134 Cal. Griffin v. Gipson . Accordingly, IT IS HEREBY RECOMMENDED that: 1. Under 2254(d)(2), factual findings of the state courts are presumed to be correct subject only to a review of the record which demonstrates that the factual finding(s) "resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding." 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 . The three claims raised in the 2011 federal petition are different than the claims raised here. Corbitt & Corbitt and Clarence Corbitt for Defendant and Appellant. The undersigned agrees. They were also charged with a separate offense for active participation in a criminal street gang. 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. Griffin had previously been convicted of a felony. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 3 RT 671-73. The explicit grant of visitation rights to a natural father in section 7010, subdivision (c) prevail over the general inferences the mother would draw from section 7017, subdivision (d). "[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." Despite this statutory language, Strong v. Owens, 91 Cal. The California Court of Appeal ordered that petitioner be resentenced, but otherwise affirmed the judgment. Petitioner Griffin and others were charged in a multiple-object conspiracy. 636(b)(1). 3d 468] with his son. 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. (People ex rel. 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. Civil Code section 7017 defends the bounds of parental rights where the mother proposes to relinquish a child for adoption. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Filing 770, 785 (2011). We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. 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. The conspiracy to commit murder in California requires prosecutors to prove four elements beyond a reasonable doubt: 1. 2254(b)(2). 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. Civil Code sections 7001 and 7002 provide in pertinent part: "7001. "Independent review of the record is not de novo review of the constitutional issue, but rather, the only method by which we can determine whether a silent state court decision is objectively unreasonable." 969, 974 (2006). at *49. 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. Any amended petition must bear the case number assigned to this action and the title "Amended Petition"; and. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. Later, Doe heard a disturbance in front of the residence caused by a prior girlfriend of Nate named Mia. On the aggravated kidnapping charge, Griffin received a consecutive, indeterminate term of 15 years to life. 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. On February 3, 2007, police officers contacted Tyler and Merritt in a hotel room. The presumption is rebutted by a court decree establishing paternity of the child by another man.". Id. 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. Tyler yelled at Doe, youre gonna suck up all my homies, and Kidd and Merritt ordered her to orally copulate Little Homie. Merritt further said, give my little homie some head, youre a ho anyway.. For all the foregoing reasons, the petition should be denied. The six-year-old Michael was born out of wedlock to these parties. Accordingly, "a habeas court must determine what arguments or theories supported or . Petitioner's sufficiency of the evidence claim should be denied. General case filed on December 5, 2013 in the California Eastern District Court. 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. 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. [73 Cal. She testified that petitioner and Kidd were holding guns. A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." (HC) Griffin v. Gipson, No. . Griffin v. Gipson U.S. District Court, Eastern District California. Kidd and Tyler took Doe to a field near, railroad tracks and instructed her to get out of the vehicle and walk. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. 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. 28 U.S.C. The petition does state that petitioner appeal his conviction through the California Supreme Court, but does not specify the claims raised on appeal. at 680. 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." 19 as a motion to extend the time to appeal, this Court extended Griffin's time to file a notice of appeal through December 17, 2012. 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. This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. 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. Dissent. 28 U.S.C. ], "(4) He receives the child into his home and openly holds out the child as his natural child. Id. 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. overheard Kidd and Tyler say, If somethin is gonna be done, the bitch has gotta be iced. She also heard Tyler say something to A.S. like, we brought the bitch here so she couldnt tell.. Such a documents should be captioned Objections to Magistrate Judges Findings and Recommendations. Any reply to the objections shall be served and filed within fourteen days after service of the objections. [73 Cal. Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: Reversed. If two or more presumptions arise under this section which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. Get Griffin v. California, 380 U.S. 609 (1965), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. 4 reflect a legislative intent to limit visitation rights to a "presumptive father" only as defined by Civil Code section 7004, subdivision (a). 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. 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