griffin v gipson case brief

No. 16/10/2021 Client: muhammad11 Deadline: 2 Day. at 680. 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." Such a documents should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nates escort service. A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. ), In the face of the clear, unmistakable, express language of Civil Code section 7010, subdivision (c) authorizing rights of visitation in Mr. Griffith as a person who has established the parent-child relationship under section 7006, subdivision (c) the mother asserts Civil Code sections 7017 and 197 as amended by the Uniform Parentage Act fn. 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. Griffin and Kidd were both armed with handguns, but before leaving B.K. Finally, on the charges of attempted murder and robbery in concert, Griffin received further indeterminate terms that were stayed pursuant to section 654. The statutory limitations of federal courts' power to issue habeas corpus relief for persons in state custody is provided by 28 U.S.C. In order to determine whether misconduct occurred, it is necessary to examine the entire proceedings and place the prosecutor's conduct in context. 89, 510 P.2d 33]) and a statute must be interpreted "'according to the usual, ordinary import of the language employed.'" See Jackson, 443 U.S. at 324 n. 16; Chein, 373 F.3d at 983. 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. The section authorizes a "petition to terminate the parental rights of the father." As Ms. Doe walked through the field, she heard gunshots. See Rice v. Collins,546 U.S. 333, 338, 126 S.Ct. 1975, ch. Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: 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. at 676-78. Without more information about petitioner's conviction, the court cannot determine whether to dismiss petitioner's application without prejudice to its refiling upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit, or whether to determine that it is related to the prior case. 2014) Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 5/7/2014 ORDERING petitioner's 4/4/2014 letter 11 , construed as request for an extension of time in case number 13-cv-2660, is GRANTED; petitioner shall file objections to the 3/4/2014 findings and . App. The Court of Appeal rejected this claim on direct appeal as follows: Griffin contends there is insufficient evidence he entered into a conspiracy to murder Doe. He denied kidnapping or shooting anyone. 1915(a). Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. 1997) (citation omitted). 3. [73 Cal. 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. denied, 478 U.S. 1021 (1986). . Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. Id. 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.) 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. ", "7002. App. [1a] These arguments are without merit. One of more of them committed an overt act in furtherance of the agreement. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. 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. Id. (a).) The first step in the screening process for potential markets and sites is to ________. The father has faithfully complied with the support agreement. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. He alleges in his pleadings that it is in the boy's "best interest that visitation rights with the father be granted." 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). While mere association does not prove a criminal conspiracy, common gang membership may be part of circumstantial evidence supporting the inference of a conspiracy. 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. The undersigned, like the California Court of Appeal, has difficulty determining how the prosecutor's statements regarding Miss Doe amount to improper burden-shifting. The legislative intent expressed in a section granting the mother the sole right to relinquish the child for adoption under certain circumstances is not germane, not logically related, to this action brought under Civil Code section 7006, subdivision (c). According to the prosecutions gang expert, all of the foregoing actions of the defendants were for the benefit of the 29th Street Crips. See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. 2148, 2155 (2012). Meanwhile, Doe had returned to Nates residence and was resting in her room. He also denied having a gun and claimed that he departed with Knorr before the others came out of the house and did not know Doe had been taken with them. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. Written and curated by real attorneys at Quimbee. Docs. 4, US District Court for the Eastern District of California. 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 six-year-old Michael was born out of wedlock to these parties. 1991). 3d 468] with his son. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. 495].) 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. 1088, 1091 (2013). Petitioner is cautioned that the habeas corpus statute imposes a one year statute of limitations for filing non-capital habeas corpus petitions in federal court. Thus not only is there no clear showing the visitation would be detrimental to the child but rather, the facts impel the conclusion visitation would be in the child's best interests. App. Receive small business resources and advice about entrepreneurial info, home based business, business franchises and startup opportunities for entrepreneurs. (Bowland v. Municipal Court, 18 Cal. 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. 1244) the "child and parent relationships" extend equally to every child and to every parent regardless of the marital status of the parent. 16, Filing Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops. Rptr. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. Each defendant specifically intended to enter into an agreement to kill a human being. Woodford v. Viscotti,537 U.S. 19, 123 S.Ct. Petitioner contends that the prosecutor committed misconduct by making disparaging remarks about defense counsel during the rebuttal argument and by misstating the law. Harrington, 131 S.Ct. The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. Id. Treating Griffin's untitled document at Docket No. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. 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. 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. [2] Legislative intent is not to be ascertained from isolated parts or sections of a statute or act; rather "a specific provision should be [73 Cal. Jackson v. Virginia,443 U.S. 307, 319, 99 S.Ct. 28 U.S.C. Code, 215. Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. 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. And place the prosecutor committed misconduct by making disparaging remarks about defense during., 123 S.Ct as Ms. Doe described his treatment of her as more polite, less verbally abusive less... Of them committed an overt act in furtherance of the defendants were for the EASTERN DISTRICT of CALIFORNIA Collins,546! 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