Reversed. The petition was transferred to this court from the Fresno Division of the Easter District of California on December 27, 2013, and reassigned from Judge Claire to the undersigned on January 6, 2014. Defendant Jordan Kidd (Five) was a member of the Valley, High Crips and was an ally to the 29th Street Crips. Wright v. Van Patten,552 U.S. 120, 125, 128 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. . 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. 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. 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. These findings and recommendations are submitted to the District Judge assigned to this case pursuant to the provisions of 28 U.S.C. 22 a request to appoint counsel. A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. ECF No. 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. Himes v. Thompson,336 F.3d 848, 853 (9th Cir. ORDER [Re: Motions at Docket Nos. Parker v. Matthews,132 S.Ct. The court's own records reveal that on December 5, 2013, petitioner filed a petition containing virtually identical allegations against the same respondent. Failure to file objections within the specified time may waive the right to appeal the District Court's order. Course Hero is not sponsored or endorsed by any college or university. 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. 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." As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. 10, 11. 1989). Victim Doe was roommate of female gang member Knorr and also worked as an escort (for. v. Stay connected to Quimbee here: Subscribe to our YouTube Channel https://www.youtube.com/subscription_center?add_user=QuimbeeDotComQuimbee Case Brief App https://www.quimbee.com/case-briefs-overviewFacebook https://www.facebook.com/quimbeedotcom/Twitter https://twitter.com/quimbeedotcom#casebriefs #lawcases #casesummaries Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. 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." 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). In considering whether to dismiss an action as frivolous pursuant to 1915(d), the court has especially broad discretion. Famous Criminal Case - John Gotti .pdf, Chicago School of Professional Psychology. See MGIC Indem. JUSTICE SCALIA delivered the opinion of the Court. 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? griffin v gipson case briefwidener football roster March 26, 2023 . 1881 (1975)). Court:United States District Court, Ninth Circuit, California, E.D. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. 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. See Fed. There will be a total of five different reaction papers throughout the course. 2d 1043 (U.S. 1964), Griffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. to what was previously Knorrs bedroom where she fell asleep. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Each of the five reaction papers will be approximately two pages in . Resp't's Lod. Gipson JAMES K. SINGLETON ORDER [Re: Motions at Docket Nos. Id. Johnson v. Williams,133 S.Ct. California. Id. Griffin moved to suppress the evidence obtained in the search. 636(b)(l). Franklin, 745 F.2d at 1227 (citations omitted). 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. 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. 2781, 61 L.Ed.2d 560 (1979). 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. 2140 (2004)) . The undersigned agrees. BLACKMUN, J., filed an opinion concurring in the judgment, post. 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. 2010) (en banc). 1495 (2000). The court must now determine if the action is frivolous or malicious. Kidd, 2012 WL 243250 at *32. Hall v. Whitley,935 F.2d 164, 165 (9th Cir. 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,. people wearing bandannas enter the bedroom through the window, she was held at gunpoint while, other searched for Nate, heard names of two gang members mentioned, and observed them rummage, for things to steal. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-. 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. Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. Petitioner contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. Click on the case name to see the full text of the citing case. 2:13-cv-2516 GGH P (E.D. Try it free for 7 days! On the evening of January 22, 2007, Destiny Doe received a phone call from Nate which stated. , U.S. District Court, Eastern District California. Id. California. Synopsis of Rule of Law. (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. (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. Accordingly, "a habeas court must determine what arguments or theories supported or . Relief should be denied on petitioner's prosecutorial misconduct claims. They can't say that. 2005). 2:13-cv-2516 MCE GGH P United States District Court, E.D. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. State v. Ulvinen (1981) What case was the defendant was convicted of first-degree murder, but the Minnesota Supreme Court reversed? Street Crips and was in a relationship with Kidd. at 679. The evidence introduced at trial implicated Beverly and McNulty in both conspiratorial objects, and petitioner in the, Griffin v. United States, 502 U.S. 46 (1991). He chose to invoke his Fifth Amendment Privilege against self incrimination and remained silent throughout the trial. Id. See Rule 8(c), Fed. 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. Harrington v. Richter,131 S.Ct. 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. Superimposed on these already stringent insufficiency standards is the AEDPA requirement that even if a federal court were to initially find on its own that no reasonable jury should have arrived at its conclusion, the federal court must also determine that the state appellate court could not have affirmed the verdict under the Jackson standard in the absence of an unreasonable determination. 51-60. The Clerk is directed to assign a district judge to this case. A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. at 676-78. See Jeffries v. Blodgett,5 F.3d 1180, 1191 (9th Cir. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accused's silence as evidence of guilt. 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. "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. 90-6352. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." Petitioner filed his federal petition for writ of habeas corpus in this court on December 5, 2013. Id. : 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. 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. 2:13-cv-2516 MCE GGH P (E.D. "[I]f the prosecutor's remarks were `invited,' and did no more than respond in order to `right the scale,' such comments would not warrant reversing a conviction." Kimberly Knorr had been kicked out of his residence and not to bring her back to his house. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, No. at 786-787. Cal. 3. CONNIE GIPSON, Respondent. Petitioner Griffin and others were charged in a multiple-object conspiracy. Make your practice more effective and efficient with Casetexts legal research suite. at 785. 1868, (1974)). It does not take months of research in the law library to respond to this reason for recommending dismissal. 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. Docs. Resp't's Lod. Petitioner's request to proceed in forma pauperis is granted; 2. No. Harrington, 131 S.Ct. No. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. GRIFFIN, This site is protected by reCAPTCHA and the Google, Hear 362, 366 (2002). 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. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Jeffrey P. Minear. Jackson v. Virginia,443 U.S. 307, 319, 99 S.Ct. Gang members took her to an, apartment, told her youre with the mob now and they would take care of her. Justice Stewart, for the dissent, notes that an instruction to the jury does not compel the defendant to testify against himself and, therefore, cannot be considered in violation of ones Fifth Amendment rights. Get Griffin v. State, 19 A.3d 415 (2011), Maryland Court of Appeals, case facts, key issues, and holdings and reasonings online today. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accuseds silence as evidence of guilt. Harrington, 131 S.Ct. The trial court denied the motion and Griffin was convicted. Tyler drove the group to an empty field and parked. https://www.quimbee.com/case-briefs-overviewHave Questions about this Case? 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. 21, 22] JAMES K. SINGLETON, Jr., District Judge. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 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. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. Filing 4. 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. 602 (2005), (citing Estelle v. McGuire,502 U.S. 62, 67-68, 112 S.Ct. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). No. Get free summaries of new US Supreme Court opinions delivered to your inbox! 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." California.https://leagle.com/images/logo.png. 3. Make your practice more effective and efficient with Casetexts legal research suite. In January 2007, Kimberly Knorr, and another woman, Destiny Doe were living at the residence of a man named Nate E. Destiny. 1038 (1986). United States District Court, E.D. at 808-09. house, finally reached where she yelled for help. 636(b)(1). In order to determine whether misconduct occurred, it is necessary to examine the entire proceedings and place the prosecutor's conduct in context. Good cause appearing, IT IS HEREBY ORDERED that: 1. P. 41(b). Whether a jury instruction on the accuseds silence is reversible error. They're obviously very well experienced and but the problem, nobody can come in here and say, gosh, looks like the evidence has shown that they're guilty. United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). 1. Jun. Towery v. Schiriro,641 F.3d 300, 306 (9th Cir. The Clerk of the Court shall file this order in both cases 13-cv-2516 and 13-cv-2660. In fact, the instant petition appears to be an exact photocopy of the petition filed in the earlier case. 770, 785 (2011). 1915(a). When intruders departed, they took Doe, and she later identified the three in the car, with her as one called five, along with Petitioner Griffin and another. When Barber took the stand, the prosecutor didnt ask her about the MySpace profile. 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)). Dissent. "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." There currently exists no absolute right to appointment of counsel in habeas proceedings. 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. 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. Id. Conway v. Fugge, 439 F.2d 1397 (9th Cir. 3. Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Petitioner was convicted of First Degree Murder. Gipson U.S. District Court, Eastern District California. Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. at 2448. Course Hero is not sponsored or endorsed by any college or university. Petitioner's December 26, 2013 request for appointment of counsel is denied without prejudice; and. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Such a documents should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Click the citation to see the full text of the cited case. ]), 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]). Cal. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. 3 RT 671-73. at *49. 1997) (citation omitted). 1915(d). Id. "); but see, United States v. Sanchez,659 F.3d 1252, 1224 (9th Cir. 2012). During Griffins trial, Police Sergeant John Cook testified that Jessica Barber, Griffins girlfriend, used her MySpace profile to threaten a witness. 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." Kimberly Knorr (Lady Five) was an, associate of the 29th Street Crips and was dating Jordan Kidd. "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. The Court of Appeal identified the elements of the crime of conspiracy to commit murder and explained how circumstantial evidence, including common gang membership, the conduct of the defendants, the nature of the act done, the relationship of the parties and the interests of the alleged conspirators, could be used to prove an agreement or unlawful design. 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. 1. 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.'" Early v. Packer,537 U.S. 3, 9, 123 S.Ct. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. Discussion. Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nate. (Yin, 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. 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. in reaching outcomes in case-by-case determinations[]' (Yarborough v. Alvarado,541 U.S. 652, 664, 124 S.Ct. 2015) Involves conspiracy, gang-organized crime situation . Cook testified that a MySpace profile, identified by a nickname, was Barbers creation. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Id. 2254. The Findings and Recommendations indicate that the petition in 2:13-2660 is an exact duplicate of that filed in 2:13-2516. California. She testified that she looked back toward the car and saw two men pointing their guns at her. 743, 746 (2008). Theyre not no 29th, Street Garden Block Crips (29th Street Crips). Everyone in the room became angry and Zachary. Nos. 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. 22 a request to appoint counsel. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. She testified that petitioner and Kidd were holding guns. , 366 ( 2002 ) Lockyer v. 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