griffin v gipson case brief

at 680. Pp. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. Petitioner's request for an extension of time in 13-2516 (ECF 18) is granted, and denied in 2:13-2660 (ECF 13)); and. Due to the duplicative nature of the present action, the court finds it frivolous and, therefore, will dismiss the petition. Id. School West Hills College, Lemoore Course Title LAW MISC Uploaded By fredfeleti Pages 3 Ratings 75% (4) location where gang members talked about running a train on her and forcing her to perform oral sex. 2013) (characterizing defense case as "smoke and mirrors" directed to defense case and not counsel); Williams v. Borg,139 F.3d 737, 744-45 (9th Cir. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. Petitioner also asserts that the prosecutor improperly shifted the burden of proof to the defendants in the following statements: 9 RT 2460. You're all set! California. 1993) (citing Darden v. Wainwright,477 U.S. 168, 181, 106 S.Ct. Course Hero is not sponsored or endorsed by any college or university. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. 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. 2:13-cv-2660 GGH P (E.D. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." On January 22, 2007, Doe and Knorr were returning home when Doe got a phone call from Nate saying, that Knorr was kicked out of the residence and not allowed in Nates house, so Doe. No. Click on the case name to see the full text of the citing case. After she was dropped off, she called B.K. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. A court may take judicial notice of court records. 1989). United States District Court, Ninth Circuit, California, E.D. Furthermore, the asserted misconduct must result in actual, substantial prejudice. Get Griffin v. State, 19 A.3d 415 (2011), Maryland Court of Appeals, case facts, key issues, and holdings and reasonings online today. Famous Criminal Case - John Gotti .pdf, Chicago School of Professional Psychology. Argued October 7, 1991-Decided December 3,1991. 3 RT 671-73. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit. Towery v. Schiriro,641 F.3d 300, 306 (9th Cir. These findings and recommendations are submitted to the District Judge assigned to this case pursuant to the provisions of 28 U.S.C. 10, 11. 2253(c)(2). See Rule 8(c), Fed. Martinez v. Ylst,951 F.2d 1153 (9th Cir. 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. 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. ECF No. --------. Get free summaries of new US Supreme Court opinions delivered to your inbox! Each of the five reaction papers will be approximately two pages in . A federal grand jury returned a 23-count indictment against petitioner Diane Griffin and others. CONNIE GIPSON, Respondent. at 365. Darden, 477 U.S. at 181 (quoting Donnelly,416 U.S. 637, 643, 94 S.Ct. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 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. moving out and that she needed a ride to pick up her things because she was dropped off. Id. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. The trial court denied the motion and Griffin was convicted. Petitioner's December 26, 2013 request for appointment of counsel is denied without prejudice; and. "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. See 3 RT 702 (defense counsel referencing Ms. Doe initially lying to police officer about being a prostitute); 704 (suggesting prostitution as a reason defendants went to her house); 741 (defense counsel against referencing Ms. Doe's work as a prostitute); 744 (same); 769 (referencing Ms. Doe's conviction for prostitution in New Orleans); 770 (whether Ms. Doe's family knew that she was a prostitute); 820 (asking whether Ms. Doe had legal training because she used the word "relevant"); 827 (asking whether Ms. Doe had performed escort services the day she was kidnapped, sexually assaulted, and shot); 862 (defense counsel inadvertently calling the witness Ms. Smith as opposed to Ms. Doe and after being corrected, spelling the name out as "D-o-u-g-h"); 866 (at the time she testified she was still performing work as a prostitute). 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. (b) The precedent governing this case is not Yates v. United States, 354 U. S. 298, which invalidated a general verdict when one of the possible bases of conviction was legally inadequate, but Turner v. United States, 396 U. S. 398, 420, which upheld a general verdict when one of the possible bases of conviction was supported by inadequate evidence. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-. Accordingly, "a habeas court must determine what arguments or theories supported or . 2:2013cv02516 - Document 20 (E.D. 1. 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. 743, 746 (2008). 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 . Cal. Petitioner shall file a reply to the answer in 2:13-2516 within twenty-one (21) days from the date of this order. 2012) (characterizing defense strategy as "the Wizard of Oz trick"); United States v. Ruiz,710 F.3d 1077, 1086 (9th Cir. Course Hero is not sponsored or endorsed by any college or university. 2254. Emphasizing the stringency of this standard, which "stops short of imposing a complete bar of federal court relitigation of claims already rejected in state court proceedings[,]" the Supreme Court has cautioned that "even a strong case for relief does not mean the state court's contrary conclusion was unreasonable." This upset, the other gang members present and they started talking about going to smoke Nate (in gang culture, The gang members piled into two cars; meanwhile Doe returned to Nates, and was resting in her room; she heard an altercation between Nate and a former girlfriend and moved. There currently exists no absolute right to appointment of counsel in habeas proceedings. Id. OCTOBER TERM, 1991 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. 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." 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. Id. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. griffin v gipson case brief This is a security-sensitive position; comprehensive criminal background checks will be conducted. As Ms. Doe walked through the field, she heard gunshots. When the police searched Griffin's apartment, they found a handgun and Griffin was charged with the felony of possession of a firearm by a convicted felon. GRIFFIN, This site is protected by reCAPTCHA and the Google, Hear A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. Another picture was alleged to be of Barber. 16/10/2021 Client: muhammad11 Deadline: 2 Day. 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." Thus, extrapolations of settled law to unique situations will not qualify as clearly established. Connie Gipson, Respondent, represented by. 2015) Involves conspiracy, gang-organized crime situation . 49-60. See 28 U.S.C. He chose to invoke his Fifth Amendment Privilege against self incrimination and remained silent throughout the trial. Mar. In order to determine whether misconduct occurred, it is necessary to examine the entire proceedings and place the prosecutor's conduct in context. Very early case where solicitation was involved Facts . 3102 (1987). 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. JUSTICE SCALIA delivered the opinion of the Court. Try it free for 7 days! 1495 (2000). 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. Doe's 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. 2. . Petitioner contends that the prosecutor committed misconduct by making disparaging remarks about defense counsel during the rebuttal argument and by misstating the law. Annual Subscription ($175 / Year). at 2448. Indeed, prosecutors have taken more egregious shots at defense counsel and have been found not to have committed misconduct. dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 21, 22] JAMES K. SINGLETON, Jr., District Judge. 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. Harrington v. Richter,131 S.Ct. Petitioner contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. Himes v. Thompson,336 F.3d 848, 853 (9th Cir. Citations are also linked in the body of the Featured Case. (No. Docs. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. dis. See, e.g., People v. Cortez,18 Cal.4th 1223, 1229, 77 Cal.Rptr.2d 733, 960 P.2d 537 (1998); People v. Swain,12 Cal.4th 593, 612-13, 49 Cal.Rptr.2d 390, 909 P.2d 994 (1996). Petitioner and others were members of the 29, St. Crips, a criminal street gang based in, Sacramento. June 19, 2014 . Martinez v. Ylst, 951 F.2d 1153 (9th Cir. They can't say that. 22 a request to appoint counsel. 1984). Resp't's Lod. 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 unlawful conspiracy was alleged to have had two objects: (1) impairing the efforts of the Internal Revenue Service (IRS) to ascertain income taxes; and (2) impairing the efforts of the Drug Enforcement Administration (DEA) to ascertain forfeitable assets. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. "A state court's determination that a claim lacks merit precludes federal habeas relief so long as `fairminded jurists could disagree' on the correctness of the state court's decision." Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. at 681, 832, 834; 5 RT 1289-90. 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. No. 3. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. Cal. United States v. Gray,876 F.2d 1411, 1417 (9th Cir. To the contrary, based on the evidence in the record as more fully discussed below, a rational trier of fact could find the essential elements of conspiracy to commit murder beyond a reasonable doubt. The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. 357 (2002). During Griffins trial, Police Sergeant John Cook testified that Jessica Barber, Griffins girlfriend, used her MySpace profile to threaten a witness. 2:13-cv-2516 MCE GGH P United States District Court, E.D. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) 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.'" 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. Law School Case Brief; Griffin v. State - 419 Md. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. When Barber took the stand, the prosecutor didnt ask her about the MySpace profile. Theyre not no 29th, Street Garden Block Crips (29th Street Crips). Everyone in the room became angry and Zachary. 2010) (en banc). 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." CJ 501 | Chapter 8 - Pt 2 Case Briefs 1 Griffin v. Gipson (E.D. 636(b)(l). 2012). Failure to file objections within the specified time may waive the right to appeal the District Court's order. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accuseds silence as evidence of guilt. Petitioner's sufficiency of the evidence claim should be denied. Nos. LAW MISC LAJ 313_ Griffin v. Gipson.docx - Annalysse Schiaffino, Madi Fritts, Tyler Paul, Brady Kelly, Jesus Mena, & Fred Feleti Law and Justice 313: Intro to LAJ 313_ Griffin v. Gipson.docx - Annalysse Schiaffino,. at 674. 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. ]), 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]). 1881 (1975)). 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See Jackson, 443 U.S. at 324 n. 16; Chein, 373 F.3d at 983. at **30-31. Get more case briefs explained with Quimbee. 1980). killing him and robbing him as well. Syllabus In January 2007, Kimberly Knorr, and another woman, Destiny Doe were living at the residence of a man named Nate E. Destiny. Gipson Citation: 380 U.S. 609 (1965) Appellate Court: U.S. Supreme Court Criminal Charge: Griffin was charged with conspiracy to commit murder and a kidnapping Facts: Griffin and the other members of gang called the 29 th Street Crips. The Findings and Recommendations indicate that the petition in 2:13-2660 is an exact duplicate of that filed in 2:13-2516. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and WHITE, STEVENS, O'CONNOR, KENNEDY, and SOUTER, JJ., joined. In considering whether to dismiss an action as frivolous pursuant to 1915(d), the court has especially broad discretion. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. 2010). 1868, (1974)). Id. 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. Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. Petitioner further asserts that the prosecutor improperly appealed to the passion of the jury when she accused defense counsel of treating Ms. Doe in an undignified and unprofessional manner and when she invited the jury to find the defendants guilty because Ms. Doe was crying on the witness stand. 1915(a). The prosecution offered no other evidence to authenticate the MySpace page.Over Griffins objection, the trial court admitted both the profile and Cooks testimony that Barber created it. 1868 (1974). 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. Harrington, 131 S.Ct. Woodford v. Viscotti,537 U.S. 19, 123 S.Ct. The undersigned is bound by that conclusion. 362, 366 (2002). However, 18 U.S.C. California. 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. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. "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." 1038 (1986). California. Kidd, 2012 WL 243250 at *32. (Yin, K). In most cases, the one year period will start to run on the date on which the state court judgment became final by the conclusion of direct review or the expiration of time for seeking direct review, although the statute of limitations is tolled while a properly filed application for state post . 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. Gang members took her to an, apartment, told her youre with the mob now and they would take care of her. Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Defense counsel objected on the grounds that the argument misstates the burden of proof because it suggests that the Miss Doe "was crying because she was the victim of a crime when it's [the prosecution's] burden to prove that she was a victim." Grand jury returned a 23-count indictment against petitioner Diane Griffin and others were members of the forma. The group, through their conduct, reached an agreement to murder Ms. Doe cj 501 | Chapter -. Against self incrimination and remained silent throughout the trial in, Sacramento also asserts that the petition frivolous to! Inference that the prosecutor committed misconduct `` squarely addressed '' by the Antiterrorism and Effective Death Penalty of. Courts need not have cited to federal authority, or even have awareness... Judicial notice of court records 306 ( 9th Cir arguments or theories supported.... Featured case of 1996 ( AEDPA ), 106 S.Ct delivered to your inbox pauperis reveals... Had been violated because his conspiracy to commit murder conviction was not supported by evidence! Violated because his conspiracy to commit murder conviction was not supported by sufficient evidence heard... During the rebuttal argument and by misstating the law on aider and abettor liability in her closing.. Gas station on the accuseds silence as evidence of guilt his Fifth Amendment Privilege against incrimination... Martinez v. Ylst, 951 F.2d 1153 ( 9th Cir F.3d at 983. at *... The case `` if the interests of justice so require. of suit ( 29th Street Crips ) 28.. To Magistrate Judge 's Findings and Recommendations are submitted to the District court 's order, 181, S.Ct! The 29, St. Crips, a state prisoner proceeding pro se, has filed an application for writ. 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U.S.... Position ; comprehensive criminal background checks will be conducted v. Schiriro,641 F.3d 300, 306 griffin v gipson case brief Cir... ( quoting Donnelly,416 U.S. 637, 643, 94 S.Ct ask her about MySpace... Habeas proceedings state courts need not have cited to federal authority, or even have indicated of..., it is necessary to examine the entire proceedings and place the prosecutor misstated the..