(Id. Griffin was charged with conspiracy to commit murder and a, Griffin and the other members of gang called the 29, of Does place and told Nate that she needed to return to his place to obtain he, belongings. See Griffin v. Lewis, Civ. [1a] These arguments are without merit. The undersigned agrees. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. 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. Brief Fact Summary. Tyler drove to Knorrs location and brought her back to the A.S. residence. 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. 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. App. 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. 3d 288, 294 [126 Cal. Parker v. Matthews,132 S.Ct. 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. (c). United States v. Gray,876 F.2d 1411, 1417 (9th Cir. ECF No. "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." Brown (Gerald), P. J., and Rosado, J., concurred. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. Later, Tyler took Doe to meet up with a date she had that evening. A parent can be held liable for negligence if their actions are inconsistent with that of a reasonable parent in similar circumstances. She fell asleep on Knorrs bed. 28 U.S.C. 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." 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." 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." The presumption is rebutted by a court decree establishing paternity of the child by another man.". UNITED STATES. They can't say that. at 676-78. The petition does state that petitioner appeal his conviction through the California Supreme Court, but does not specify the claims raised on appeal. Resp't's Lod. 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. According to Griffin, while the jury could have found he joined at the last minute in the attempt to murder Doe, the evidence does not support the inference beyond a reasonable doubt that he joined in an agreement to kill before-hand.. ", "7002. ), [3] Under the Uniform Parentage Act (Civ. Nate was also present. Tyler told Doe she was going to go out and start making money for him. A man came outside, saw Doe and carried her onto the porch. 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. Connie Gipson, Respondent, represented by. 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. 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." 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. 2012). Discussion. Rptr. A review of the petition for habeas corpus indicates that petitioner may have failed to exhaust state court remedies. Id. (Yin, K). 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. Rptr. 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.. at 681. 2010). one or both of them committed an overt act in furtherance of the agreement. denied, 478 U.S. 1021 (1986). Rptr. Doe dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. at 680. Himes v. Thompson,336 F.3d 848, 853 (9th Cir. Contrary to the mother's understanding, the Uniform Parentage Act provides not one but two methods of establishing the parent-child relationship. Griffin wanted to appeal his conviction and petitioned the trial court on grounds of indigence for a free copy of the trial court record. When Doe first moved into the house, Knorr and Mia were also living there, but Mia had since moved out. Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: 1088, 1091 (2013). After reading your project details, I feel myself as the best option for you to fulfill this project with 100 percent perfection. 89, 510 P.2d 33]) and a statute must be interpreted "'according to the usual, ordinary import of the language employed.'" 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Over the six intervening years he has attempted to visit with the child but has been frustrated. Sign up for our free summaries and get the latest delivered directly to you. Code, 7000 et seq., enacted Stats. She helped me in last minute in a very reasonable price. (Civ. No. See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. 2005). 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. Dec. 19, 2013). ], "(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. The total sentence imposed on Griffin was 19 years 8 months, plus 65 years to life. 2d 549, 552, 553 [29 Cal. Any amended petition must bear the case number assigned to this action and the title "Amended Petition"; and. Petitioner concedes that there was an agreement to commit robbery at Belleau Woods but contends that the co-defendants were not in agreement about the rest of the evening, in particular with respect to what to do with Ms. Doe. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . Kidd, 2012 WL 243250 at *32. Code, 661.]. Dissent. When Knorr arrived, she was upset and said Nate had insulted the gang. Citations are also linked in the body of the Featured Case. She did as directed and, after eight minutes or so, L.M. Rptr. 2254(b)(2). [73 Cal. Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. 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. 601, 387 P.2d 377].) ." Filing 3102 (1987). 2:11-1358 JKS. (c) determines the "existence of the parent and child relationship for all purposes ." (Civ. In one famous old case still relevant today, U.S. v. Bruno (1939), smugglers brought narcotics into New York, middlemen purchased the narcotics, and two groups of retailers (one operating in New York and the other in Louisiana) bought narcotics from the middlemen. The mother would repeal the specific express grant of rights under sections 7006, subdivision (c) and 7010, subdivision (c) by implication, by the silence of Civil Code section 197. Id. James Gibson (James) was the minor son of Robert Gibson (Robert). Id. The major premise of the act is to provide for substantive equality of children regardless of the marital status of the parents. Listed below are the cases that are cited in this Featured Case. The section provides that a child having a "presumed father" may not be adopted without the consent of both parents except in specified circumstances. 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. 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. The Supreme Court has set forth the operative standard for federal habeas review of state court decisions under AEDPA as follows: "For purposes of 2254(d)(1), `an unreasonable application of federal law is different from an incorrect application of federal law.'" It requires not only a specific intent to agree to commit a public offense but a further specific intent to commit the offense itself. 1915(a). 2. If exhaustion is to be waived, it must be waived explicitly by respondent's counsel. In sum, petitioner contends that his relative kindness to Ms. Doe prior to the shooting, the lack of direct evidence of an agreement to kill Ms. Doe, and Ms. Does inability to identify whether there were one or two shooters do not support the inference that petitioner joined in an agreement to kill Ms. Doe. 1 at 2.) 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. Id. Accordingly, "a habeas court must determine what arguments or theories supported or . Before leaving, B.K. 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. App. . 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