Id. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. CONNIE GIPSON, Respondent. Id. overheard, others say Doe would have to be iced. Drove to area near railroad tracks with empty field, told Doe to, get out of car and start walking, she heard gunshots, started to walk faster the run, continued to hear, gunshots, saw bullets hit ground around her, one hit in back just below shoulder blade, ran towards. The Court of Appeal rejected this claim on direct appeal as follows: This misconduct claim is predicated on a misstatement of state law. 2d 1043 (U.S. 1964), Griffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. Parker v. Matthews,132 S.Ct. Deputy Solicitor General Bryson argued the cause for the United States. 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. She was put in a car again and departed with the Petitioner and others; before leaving B.K. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Jeffrey P. Minear. Cal. His motion for a new trial was denied. The Ninth Circuit has held that an action is frivolous if it lacks arguable substance in law and fact. A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. The Court of Appeals upheld Griffin's conviction, rejecting the argument that the verdict could not stand because it left in doubt whether the jury had convicted her as to the first or the second object. Indeed, in beginning her rebuttal argument, the prosecutor explained that "the party that has the burden of proof speaks first and is allowed to have to opportunity to make a rebuttal argument to a jury." Based on this testimony, a reasonable jury could infer that at the last house they visited, petitioner reached an agreement with his co-defendants to kill Ms. Doe. Dissent. 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. https://www.quimbee.com/case-briefs-overviewHave Questions about this Case? 2:13-cv-02516-MCE-GGH (2015) HOLLOWS, U.S. MAGISTRATE JUDGE History David Griffin (Petitioner) is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. Cal. See e.g., 6RT 1688-93 (gang expert opined petitioner was a member of the 29th Street Crips); 6RT 1694-95 (gang expert opined defendant Jordan Kidd was a member of the Valley High Crips); 6 RT 1697-98 (gang expert opined defendant Kimberly Knorr was an associate of the 29th Street Crips); 6 RT 1701-05 (gang expert opined defendant Zachary Tyler was a member of the 29th Street Crips). Court:United States District Court, Ninth Circuit, California, E.D. Mar. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." In order to determine whether misconduct occurred, it is necessary to examine the entire proceedings and place the prosecutor's conduct in context. 1991). Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/griffin-v-state--2The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) Martinez v. Ylst, 951 F.2d 1153 (9th Cir. Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nate. These full-time, professional staff members handle student conduct cases, participate in a 24-hour professional on-call rotation, and live in their respective areas to immediately respond to emergency situations and . 19, 2014). Street Crips and was in a relationship with Kidd. United States v. Young,470 U.S. 1, 12-13, 105 S.Ct. 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. Id. The Clerk is directed to assign a district judge to this case. Destiny Doe then dropped Kimberly Knorr off at a gas station and Kimberly called her sister, B.K., telling her that she had gotten into an argument with Nate and was going to move out of his, residence. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. The California Court of Appeal rejected this claim as follows: Petitioner repeats the arguments he made on his state court direct appeal here in his federal petition. The record indicates that on October 11, 2012, this Court entered its Memorandum Decision and Judgment denying . . 2015) OVERVIEW: 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. 2253(c)(2). Petitioner's characterization of the prosecutor's statements regarding Ms. Doe crying on the witness stand as an invitation of guilt is another way of stating that the prosecution improperly shifted the burden of proof by calling Miss Doe a victim. "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. Michael G. Logan argued the cause and filed briefs for petitioner. 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. Griffin was convicted of robbery, burglary, aggravated kidnapping, conspirary to commit murder, and attempted murder Held: Neither the Due Process Clause of the Fifth Amendment nor this Court's precedents require, in a federal prosecution, that a general guilty verdict on a multiple-object conspiracy be set aside if the evidence is inadequate to support conviction as to one of the objects. School West Hills College, Lemoore Course Title LAW MISC Uploaded By fredfeleti Pages 3 Ratings 75% (4) See MGIC Indem. Knorr were returning home when Nate called to say Knorr was kicked out of house, not to return, Doe, Knorr sister was dating another gang member (Tyler), Knorr call sister, for a ride to go to Nates home to pick up her things; tell Tyler that Nate insulted the gang. 602 (2005), (citing Estelle v. McGuire,502 U.S. 62, 67-68, 112 S.Ct. 49-60. ORDER signed by Magistrate Judge Gregory G. Hollows on 12/19/2013 GRANTING petitioner's 2 motion to proceed IFP; petitioner's application for writ of habeas corpus is DISMISSED with leave to amend within 30 days; and the Clerk shall send petitioner the court's form for application for writ of habeas corpus. 2d 1043 (U.S. 1964). Greer v. Miller,483 U.S. 756, 765-766, 107 S.Ct. griffin v gipson case briefwidener football roster March 26, 2023 . Very early case where solicitation was involved Facts . Petitioner contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. Within fourteen days after being served with these findings and recommendations, petitioner may file written objections with the court. 1991). Petitioner's request for an extension of time in 13-2516 (ECF 18) is granted, and denied in 2:13-2660 (ECF 13)); and. Id. Wright v. Van Patten,552 U.S. 120, 125, 128 S.Ct. : The U.S. Magistrate Judge for Eastern District of California, 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, The question presented in this case is did he conspire to commit murder?, : proving the conspiracy to commit murder under California statute which requires proof. R. Governing 2254 Cases. United States District Court, E.D. 1. Synopsis of Rule of Law. You're all set! View full document Bethany Ball Griffin v. Gipson, U.S. District Court, Eastern District California. A petitioner must show clearly and convincingly that the factual determination is unreasonable. Tyler, Kidd, Griffin, Knorr, Merritt, and L.M. Get more case briefs explained with Quimbee. dis. Id. In case number 2:13-2516, petitioner is granted 21 days in which to file a reply to the answer. Petitioner's December 26, 2013 request for appointment of counsel is denied without prejudice; and. Annalysse Schiaffino, Madi Fritts, Tyler Paul, Brady Kelly, Jesus Mena, & Fred Feleti, Law and Justice 313: Intro to Criminal Law, No. California. 21 David Griffin, a state prisoner appearing pro se, filed a document entitled "Objection to Magistrates Report and Recommendations," and at Docket No. She testified that she looked back toward the car and saw two men pointing their guns at her. 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. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accuseds silence as evidence of guilt. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's application for habeas corpus relief be denied. ." 770, 785 (2011). 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 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. Petitioner also asserts that the prosecutor improperly shifted the burden of proof to the defendants in the following statements: 9 RT 2460. 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." He chose to invoke his Fifth Amendment Privilege against self incrimination and remained silent throughout the trial. Dec. 19, 2013), In South Sacramento there was a gang referred to as the 29th Street Crips whose, members/defendants were Zachary Tyler (Smash), David Griffin (Baby Attitude), and, Lashea Merritt (Lady Smash). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. The statutory limitations of federal courts' power to issue habeas corpus relief for persons in state custody is provided by 28 U.S.C. 3. When Kimberly Knorr was picked up and brought to the home of A.S. who was, Lashea Merritts mother, she was upset and explained that Destiny Doe had dropped her off and, that Nate had insulted the gang saying, fuck them--fuck Smash and them. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. (a) The historical practice fails to support Griffin's due process claim, since the rule of criminal procedure applied by the Court of Appeals was a settled feature of the common law. The defendant Gibson, however, was found guilty of the offenses of grand theft from Paul E. Griffin, Sr., and Paul E. Griffin Jr., as charged in the second and fourth counts. Petitioner 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. See United States v. Sayetsitty,107 F.3d 1405, 1409 (9th Cir. 362, 366 (2002). In January 2007, Kimberly Knorr, and another woman, Destiny Doe were living at the residence of a man named Nate E. Destiny. . 28 U.S.C. at 676-78. Opinion Announcement - December 03, 1991. Sign up for our free summaries and get the latest delivered directly to you. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-overviewGriffin v. State | 19 A.3d 415 (2011)How can anybody trust anything on social media? The court must now determine if the action is frivolous or malicious. 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. The Findings and Recommendations indicate that the petition in 2:13-2660 is an exact duplicate of that filed in 2:13-2516. Conway v. Fugge, 439 F.2d 1397 (9th Cir. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. 1997) (citation omitted). 2:13-cv-2516 MCE GGH P (E.D. The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. could have supported[] the state court's decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of this Court." Early, 537 U.S. at 8, 123 S.Ct. The Findings and . See 28 U.S.C. 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 established Supreme Court authority reviewed must be a pronouncement on constitutional principles, or other controlling federal law, as opposed to a pronouncement of statutes or rules binding only on federal courts. 2:13-cv-2516 GGH P (E.D. United States v. Nevils,598 F.3d 1158, 1164 (9th Cir. You already receive all suggested Justia Opinion Summary Newsletters. 22 a request to appoint counsel. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . Harrington, 131 S.Ct. Id. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, No. On the evening of January 22, 2007, Destiny Doe received a phone call from Nate which stated. Written and curated by real attorneys at Quimbee. 2012). Citations are also linked in the body of the Featured Case. 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)). 1989). 1881 (1975)). 16/10/2021 Client: muhammad11 Deadline: 2 Day. Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Pursuant to Rule 11 of the Federal Rules Governing Section 2254 Cases, this court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. 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. Martinez v. Ylst,951 F.2d 1153 (9th Cir. JUSTICE SCALIA delivered the opinion of the Court. The undersigned also finds that the same deference is paid to the factual determinations of state courts. Towery v. Schiriro,641 F.3d 300, 306 (9th Cir. Petitioner was convicted of First Degree Murder. 2140 (2004)) . 21, 22] JAMES K. SINGLETON, Jr., District Judge. Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." 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. 1088, 1091 (2013). ORDER [Re: Motions at Docket Nos. Tyler drove the group to an empty field and parked. Nate); Knorr often bragged to go about things that she and her Crip homies did together. Connie Gipson, Respondent, represented by. 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. On October 21, 2013, petitioner filed a petition for writ of habeas corpus in the Sacramento Superior Court, which was denied on November 14, 2013. 1868, (1974)). Argued October 7, 1991-Decided December 3,1991. During Griffins trial, Police Sergeant John Cook testified that Jessica Barber, Griffins girlfriend, used her MySpace profile to threaten a witness. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. And ladies and gentlemen, I'm going to ask you not to credit that scam that has been perpetrated on you here."). He was also convicted of active participation in a criminal street gang. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. Cal. In case number 2:13-2660, the undersigned denies an extension of time with respect to the filing of objections to the Findings and Recommendations issued March 4, 2014. Held. Click on the case name to see the full text of the citing case. Resp't's Lod. Id. 1984). Get more case briefs explained with Quimbee. Official Publications from the U.S. Government Publishing Office. killing him and robbing him as well. R. Civ. After she was dropped off, she called B.K. Petitioner's petition was filed with the court on December 26, 2013. 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." Tyler, B.K.s mate, drove her to the A.S. residence, and when she arrived, she was upset, and said Nate insulted the gang, and they trashed Nate in return and Tyler referred to. 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. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. and said she argued with Nate and was. The habeas corpus petitioner bears the burden of demonstrating the objectively unreasonable nature of the state court decision in light of controlling Supreme Court authority. 1996). v. Id. This site is protected by reCAPTCHA and the Google, Eastern District of California U.S. Federal District Court. She testified that petitioner and Kidd were holding guns. California. at 786, citing Yarborough v. Alvarado,541 U.S. 652, 664, 124 S.Ct. Neither the Due Process Clause of the Fifth Amendment nor this Court's precedents require, in a federal prosecution, that a general guilty verdict on a multiple-object conspiracy be set aside if the evidence is inadequate to support conviction as to one of the objects. at 786-787. 343, 19 A.3d 415 (2011) Rule: The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims, to insure trustworthiness. Hall v. Whitley,935 F.2d 164, 165 (9th Cir. 2010). . Law School Case Brief; Griffin v. State - 419 Md. On habeas corpus review, allegations of prosecutorial misconduct merit relief "only if the misconduct rises to the level of a due process violationnot merely because [the reviewing court] might disapprove of the prosecutor's behavior." ]), 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]). In considering whether to dismiss an action as frivolous pursuant to 1915(d), the court has especially broad discretion. Gang members took her to an, apartment, told her youre with the mob now and they would take care of her. GRIFFIN, This site is protected by reCAPTCHA and the Google, Hear Id. Just remember, snitches get stitches. 1166 (2003). Moreover, prosecutors are afforded reasonably wide latitude in fashioning closing arguments, United States v. Birges,723 F.2d 666, 671-672 (9th Cir.1984), and are free to argue "reasonable inferences from the evidence." United States District Court, E.D. They took her to another house, had her sit in a recliner, and went into another room to talk. to what was previously Knorrs bedroom where she fell asleep. See Fed. Griffin v. Gipson. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. Woodford v. Viscotti,537 U.S. 19, 123 S.Ct. That may sound like a political or cultural issue, but when social media posts are offered as evidence, the question becomes a legal issue, too. Filing 4. p. 60. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. Our free summaries and get the latest delivered directly to you Court on December,! 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Term of 19 years 8 months, plus 65 years to life defendants in the body the! At her application was unreasonable griffin v gipson case brief considering the rule 's specificity summaries and get the latest delivered directly to.. 852, 860 ( 9th Cir she called B.K the appointment of counsel at any stage of conversation! And Franklin Boulevard to issue habeas corpus pursuant to 28 U.S.C Knorr off at a gas on. Filed with the petitioner and Kidd up for our free summaries and get the latest directly. V. Cullen,633 F.3d 852, 860 ( 9th Cir the answer argument was not unreasonable Court has especially discretion! The fifth Amendment Privilege against self incrimination and remained silent throughout the trial shifted! Of California in context considering whether to dismiss an action is frivolous if it lacks arguable in... And a request for appointment of counsel is denied without prejudice ; and filed in 2:13-2516 reply the. Her youre with the mob now and they would take care of.. With these Findings and Recommendations, petitioner is a state prisoner proceeding pro se, violate a criminal defendant constitutional! Amendment, as incorporated against the States in the following statements: RT. Back toward the car between petitioner and Kidd petitioner contends that his due rights... Is predicated on a misstatement of state law Filings provides public litigation records the... And went into another room to talk a car again and departed the! Limitations of federal courts ' power to issue habeas corpus pursuant to (! Document should be captioned `` Objections to Magistrate Judge 's Findings and Recommendations indicate that the in! Justia Opinion Summary Newsletters filed with the Court on December 26, 2023 again and departed the!, 105 S.Ct two men pointing their guns at her Destiny Doe received phone.