One of the shots hit Doe in the back just below the shoulder blade. at 2448. 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). v. 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." The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. Id. ), Civil Code section 4601 provides: "Reasonable visitation rights shall be awarded to a parent unless it is shown that such visitation would be detrimental to the best interests of the child." By its express language it deals with the rights of a "presumed father" under Civil Code section 7004, subdivision (a). Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 3 RT 806-07. The Court of Appeal found that the jury was properly instructed on the aider and abettor liability and that the prosecutor's argument did not veer from this instruction. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. 2254. 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. Griffin and Kidd were both armed with handguns, but before leaving B.K. S. No. Brief Fact Summary. departed in two cars, a white and a blue Buick. at 681, 832, 834; 5 RT 1289-90. 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. Furthermore, the exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 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). 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. 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. 3d 474] (Warne v. Harkness, 60 Cal. (a).) (Id., ECF No. The evidence introduced at trial implicated Griffin in the first object of the conspiracy but not the second. Griffith entered into agreement with the family support division of the district attorney's office providing for the support of the yet unborn child. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. Relief should be denied on petitioner's prosecutorial misconduct claims. 3d 219 [86 Cal. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. Doe was told to get dressed and was taken into the living room. Based on this testimony, a reasonable jury could infer that at the last house they visited, petitioner reached an agreement with his codefendants to kill Ms. Doe. 1. 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? (Evid. Resp't's Lod. (Civ. 1997) (citation omitted). 1915(a). Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 3d 517, 522 [108 Cal. The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. (c). Id. 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. ]), and demeaning counsel's treatment of a witness (9 RT 2457 [stating that the interviewing officer treated the victim in a dignified and professional manner that she did not receive from defense counsel]). Filing 4. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Harrington v. Richter,131 S.Ct. 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). Each defendant specifically intended to enter into an agreement to kill a human being. 3d 288, 295. This proceeding does not involve adoption; this is not a petition to terminate a father's rights preparatory to adoption of the child. Although the petition contains three grounds for relief, petitioner has failed to specify further details about his conviction so that the court may determine whether the petition is successive or related to his previous habeas petition filed in this court, and whether the instant claims have been exhausted. Rptr. On February 3, 2007, police officers contacted Tyler and Merritt in a hotel room. [73 Cal. 2254(b)(3). 9 RT at 2457, 2460. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 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." Code, 230. 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. Michael Lynn Griffith, in pro. 2005). The mother contends a natural father must "meet one or more of the criteria under the Uniform Parentage Act section 7004 for the Court to declare the existence of a parent and child relationship." She fell asleep on Knorrs bed. Code, 7010, subd. No. "); but see, United States v. Sanchez,659 F.3d 1252, 1224 (9th Cir. App. 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. 3. She also saw bullets hit the ground around her. Click on the case name to see the full text of the citing case. No. 2253(c)(2). They were also charged with a separate offense for active participation in a criminal street gang. Knorr also worked for Nate. It is not clear that the instant claims have been presented to the California Supreme Court. Johnson v. Williams,133 S.Ct. Conspiracys vague definitions greatly enhance the chance for a guilty verdict. They took her to another house, had her sit in a recliner, and went into another room to talk. Petitioner filed his federal petition for writ of habeas corpus in this court on December 5, 2013. [See former Civ. The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. The Court of Appeal was not unreasonable in finding that the prosecutor's statements regarding defense counsel's treatment of Ms. Doe were merely a response to treatment actually given. Yes. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. App. After a while, Doe started hearing gunshots. Id. FN 2. The judgment of the trial court is reversed. An unemancipated minor can sustain a negligence action against a parent. "(d) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts.". 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. Rptr. [73 Cal. See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. Docs. FN 4. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. The mother did not contest this allegation. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Connie Gipson, Respondent, represented by. United States v. Young,470 U.S. 1, 12-13, 105 S.Ct. 3d 473] parental rights as well as procedure on a proposed adoption. 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. 1868 (1974). We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. 2d 551, 560, 92 S. Ct. 1208, 1214-1215], which recognizes rights of constitutional dimension in the unwed father to his natural child. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody, services and earnings.". Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 10, 11. 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. (Civ. On February 28, police officers discovered Kidd in a residence with a handgun and ammunition. However, if the state courts have not adjudicated the merits of the federal issue, no AEDPA deference is given; the issue is reviewed de novo under general principles of federal law. 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 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 record discloses no abuse of discretion. 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. 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. Doe was told to get out of the car and to start walking through the field. This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. 1991). It is unclear whether Merritt accompanied them on this trip. 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