Synopsis of Rule of Law. He alleges in his pleadings that it is in the boy's "best interest that visitation rights with the father be granted." She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up! 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.. 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. (HC) Griffin v. Gipson, No. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.". Theyre not no 29th Street Garden Block Crips. Garden Block Crips is another name for the 29th Street Crips. Over the six intervening years he has attempted to visit with the child but has been frustrated. A certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitution right. 28 U.S.C. Rptr. [See former Evid. ]), 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]). You already receive all suggested Justia Opinion Summary Newsletters. I have worked on wide variety of research papers including; Analytical research paper, Argumentative research paper, Interpretative research, experimental research etc. 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. 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. (c). at 680. The trial court dismissed a negligence action filed by an unemancipated minor against his father. Code, 7010, subd. 2464 (1986) (for the purposes of federal habeas corpus review, the standard of due process applies to claims of prosecutorial misconduct); Campbell v. Kincheloe,829 F.2d 1453, 1457 (9th Cir.1987)). . 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. 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.". 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." Meanwhile, the intruders took off their bandanas and rummaged through the house looking for things to steal. 28 U.S.C. 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. 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. App. The mother relies upon this language of section 7017, subdivision (d): "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. Accordingly, IT IS HEREBY RECOMMENDED that: 1. Doe heard the names Smash and Five mentioned and saw the intruders put clothes and a stereo inside a sheet which they later took with them. On the aggravated kidnapping charge, Griffin received a consecutive, indeterminate term of 15 years to life. United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). 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. 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. Each defendant specifically intended to enter into an agreement to kill a human being. Synopsis of Rule of Law. In January 2007, Destiny Doe and Knorr were living at the residence of Nate E. in Sacramento. The mother named him as the father on the birth certificate. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) (Evid. Second, labor organizations, civil liberties groups, and large corporations charge that conspiracy is a weapon against their legitimate interests of, respectively, collective bargaining and strikes, dissent from accepted points of view and public policies, and profit making. App. Id. 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). This is not a good rule of statutory construction. FN 1. 3d 474] (Warne v. Harkness, 60 Cal. 1 at 3.). Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops. Code, 215. There will be a total of five different reaction papers throughout the course. Cal. Receive small business resources and advice about entrepreneurial info, home based business, business franchises and startup opportunities for entrepreneurs. [Civ. On this evening, Mia was banging on the window and trying to get Nate to come outside and talk with her. Rptr. 2254. 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. 1038 (1989) (presumption of a merits determination when it is unclear whether a decision appearing to rest on federal grounds was decided on another basis). The father has faithfully complied with the support agreement. departed in two cars, a white and a blue Buick. Indeed, prosecutors have taken more egregious shots at defense counsel and have been found not to have committed misconduct. 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. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. See Jackson, 443 U.S. at 324 n. 16; Chein, 373 F.3d at 983. Relief should be denied on petitioner's prosecutorial misconduct claims. The trial court dismissed the action. The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. A natural father need not be a presumptive father under Civil Code section 7004 in order to be entitled to visitation rights under Civil Code section 7010. fn. ), [3] Under the Uniform Parentage Act (Civ. The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. The presumption is rebutted by a court decree establishing paternity of the child by another man.". App. Id. Civil Code section 7004 provides as follows: "(a) A man is presumed to be the natural father of a child if he meets the conditions as set forth in Section 621 of the Evidence Code or in any of the following subdivisions: "(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court. 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. She also saw bullets hit the ground around her. ], "(4) He receives the child into his home and openly holds out the child as his natural child. Log In Sign Up. 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. A man came outside, saw Doe and carried her onto the porch. 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.) 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. He denied accompanying the others to the home of A.S. Tyler was the only defendant to testify at trial. They took her to another house, had her sit in a recliner, and went into another room to talk. 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." Respondent contends that the Court of Appeal's rejection of petitioner's sufficiency of evidence claim was neither contrary to, nor an unreasonable application of Jackson. This conflict, when raised in an appropriate case, will require resolution in the light of the manifest legislative purpose to equalize the rights and obligations of parents in relationship to their children without regard to sex, without regard to marital status. 1915(a). 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. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. 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. (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). 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). Brief Fact Summary. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. --------, 3. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." Kidd and Griffin were both armed with handguns. Get Griffin v. California, 380 U.S. 609 (1965), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. When the intruders departed, they took Doe as well. 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. They took her to another house, had her sit in a recliner, and went into another room to talk. No. The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. Knorr was upset and told Nate that Doe had insulted the gang which, caused them to all proceed into the residence and steal any valuables (i.e., stereo). They pointed guns at her and told her not to say anything. 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. Id. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. He called 9-1-1 for help. "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. There is a presumption against repeal by implication. The following documents for this case are available for you to view or download: Use the links below to access additional information about this case on the US Court's PACER system. 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