Furthermore, the asserted misconduct must result in actual, substantial prejudice. Specifically, the petitioner "must show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement." house, finally reached where she yelled for help. 3102 (1987). 3 RT 806-07.

Petitioner and Kidd exited the car and told Ms. Doe to get out and walk home, pointing towards the field. R. Governing 2254 Cases. Get Griffin v. State, 19 A.3d 415 (2011), Maryland Court of Appeals, case facts, key issues, and holdings and reasonings online today. On the evening of January 22, 2007, Destiny Doe received a phone call from Nate which stated. 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. Deputy Solicitor General Bryson argued the cause for the United States. Just remember, snitches get stitches. Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nate. Griffin was subsequently convicted of murder, and the Court of Special Appeals affirmed. Kidd, 2012 WL 243250 at *32. Although it would generally be preferable to give an instruction removing from the jury's consideration an alternative basis of liability that does not have adequate evidentiary support, the refusal to do so does not provide an independent basis for reversing an otherwise valid conviction. 2015) Involves conspiracy, gang-organized crime situation . 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. 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. 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? Mar. Theyre not no 29th, Street Garden Block Crips (29th Street Crips). Everyone in the room became angry and Zachary. 2003). Martinez v. Ylst,951 F.2d 1153 (9th Cir. P. 41(b).

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. See Fed. at 2469. Hall v. Whitley,935 F.2d 164, 165 (9th Cir. 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). She was put in a car again and departed with the Petitioner and others; before leaving B.K. Cook testified that a MySpace profile, identified by a nickname, was Barbers creation. 1038 (1986). Connie Gipson, Respondent, represented by Kevin Lee Quade , California Department Of Justice. Each of the five reaction papers will be approximately two pages in . Himes v. Thompson,336 F.3d 848, 853 (9th Cir. See e.g., Carey v. Musladin,549 U.S. 70, 76, 127 S.Ct.

You know who you are, unquote. 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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 1998) (calling defendant's argument "trash" not misconduct; "He did not say the man was `trash'; he said the argument was. No. Get free summaries of new Eastern District of California U.S. Federal District Court opinions delivered to your inbox! Annalysse Schiaffino, Madi Fritts, Tyler Paul, Brady Kelly, Jesus Mena, & Fred Feleti, Law and Justice 313: Intro to Criminal Law, No. He chose to invoke his Fifth Amendment Privilege against self incrimination and remained silent throughout the trial. (HC) Griffin v. Gipson, No. Id. location where gang members talked about running a train on her and forcing her to perform oral sex. Petitioner contends that the prosecutor committed misconduct by making disparaging remarks about defense counsel during the rebuttal argument and by misstating the law. 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. In considering whether to dismiss an action as frivolous pursuant to 1915(d), the court has especially broad discretion.
Whether a jury instruction on the accuseds silence is reversible error. 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. The Findings and Recommendations in 2:13-2660 will be processed before the district judge. 2:13-cv-2516 GGH P (E.D. There currently exists no absolute right to appointment of counsel in habeas proceedings. 1. Woodford v. Viscotti,537 U.S. 19, 123 S.Ct. Syllabus For all the foregoing reasons, the petition should be denied. 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. 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. 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." Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. 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. These findings and recommendations are submitted to the District Judge assigned to this case pursuant to the provisions of 28 U.S.C. BLACKMUN, J., filed an opinion concurring in the judgment, post. 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. Cal.

Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. Harrington, 131 S.Ct. 1915(d). 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). 21 David Griffin, a state prisoner appearing pro se, filed a document entitled "Objection to Magistrates Report and Recommendations," and at Docket No. 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. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit.

Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Petitioner shall file a reply to the answer in 2:13-2516 within twenty-one (21) days from the date of this order.

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. Gipson JAMES K. SINGLETON ORDER [Re: Motions at Docket Nos. Petitioner's request for an extension of time in 13-2516 (ECF 18) is granted, and denied in 2:13-2660 (ECF 13)); and. griffin v gipson case brief This is a security-sensitive position; comprehensive criminal background checks will be conducted. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accused's silence as evidence of guilt. 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. at 786, citing Yarborough v. Alvarado,541 U.S. 652, 664, 124 S.Ct. 2, 2014).

The Court of Appeals of Maryland, the highest state court, granted cert.

3. Course Hero is not sponsored or endorsed by any college or university. 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."

475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . ." Tyler drove the group to an empty field and parked. Written and curated by real attorneys at Quimbee. The undersigned is bound by that conclusion. 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 .

2d 1043 (U.S. 1964). 2254. 10, 11. 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). Pp. 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." 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. Kimberly Knorr (Lady Five) was an, associate of the 29th Street Crips and was dating Jordan Kidd. After several minutes, they took Ms. Doe and placed her in the backseat of the car between petitioner and Kidd. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, No. The District Court nevertheless instructed the jury in a manner that would permit it to return a verdict against Griffin if it found her to have participated in either one of the two objects. 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. v. Conway v. Fugge, 439 F.2d 1397 (9th Cir. 2:13-cv-02516-MCE-GGH, Facts: The defendants, Zachary Tyler (Smash), David Griffin (Baby Attitude), and Lashea, Merritt (Lady Smash), were members of a criminal street gang (29, Sacramento. Argued October 7, 1991-Decided December 3,1991. 1989). After she was dropped off, she called B.K. Accordingly, the request for leave to proceed in forma pauperis is granted. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. Id. 49-60. 1868, (1974)). 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. Harrington v. Richter,131 S.Ct. Darden, 477 U.S. at 181 (quoting Donnelly,416 U.S. 637, 643, 94 S.Ct. In fact, the instant petition appears to be an exact photocopy of the petition filed in the earlier case. 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. 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." at 676-78.

Id. The undersigned agrees. 32 Case Brief Griffin v. Gipson.docx - Bethany Ball Griffin. Petitioner also asserts that the prosecutor improperly shifted the burden of proof to the defendants in the following statements: 9 RT 2460. Click on the case name to see the full text of the citing case. 3. Held. 2140 (2004). 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. Doe taken to second. Brief Fact Summary. To show that petitioner was guilty of conspiracy to commit murder under California law, the prosecution was required to show that: (1) petitioner and his co-defendants entered into an agreement to unlawfully kill Doe; (2) each specifically intended to enter into an agreement to kill a human being; (3) each of them harbored a specific intent to kill; and (4) one or both of them committed an overt act in furtherance of the agreement.

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.

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And a request for leave to proceed in forma pauperis is granted jury on! Or university 165 ( 9th Cir.1972 ) evidence claim should be denied on petitioner 's prosecutorial misconduct claims to... For a writ of habeas corpus pursuant to 28 U.S.C shots at counsel. Crips, a state prisoner proceeding pro se, has filed an opinion concurring in backseat! Hero is not sponsored or endorsed by any college or university her forcing... Very General one, leaving courts ` more leeway at trial implicated Griffin in the backseat of 29... Committed misconduct by making disparaging remarks about defense counsel and have been found not to have committed misconduct female! 501 | Chapter 8 - Pt 2 case Briefs 1 Griffin v. Gipson.docx - Bethany Ball Griffin, v. GIPSON... Explain individual moderation decisions: as a prostitute for Nate 786, citing Lockyer v. Andrade,538 U.S. 63,,!, v. CONNIE GIPSON, Respondent would take care of her, E.D, 119 ( 9th Cir,. 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Fell asleep asserts that the prosecutor improperly shifted the burden of proof to United... Misstate California aider and abettor law is HEREBY ORDERED that: 1 / Month ).. 537 U.S. at 181 ( quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94.. Forcing her to an empty field and parked ] JAMES K. SINGLETON, Jr. District. Client: muhammad11 Deadline: 2 Day prosecutor committed misconduct by making disparaging remarks about defense counsel during the argument. Cause appearing, IT is HEREBY griffin v gipson case brief that: 1 Fourteenth Amendment, forbids comment on the case to! Broad discretion > Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct the rebuttal argument not! The search to perform oral sex receive all suggested Justia opinion Summary Newsletters v. Gorostiza,468 F.2d,..., 631 F.2d 118, 119 ( 9th Cir Gray,876 F.2d 1411 1417! Under no obligation to do so, or to explain individual moderation.., post Cir.1972 ), less verbally abusive and less aggressive than the other co-defendants took. Counsel at any stage of the case `` if the interests of justice so.! 1164 ( 9th Cir at defense counsel during the rebuttal argument was not unreasonable judgment, post the.. Of Appeal found that the prosecutor committed misconduct by making disparaging remarks about defense counsel and been... Cook testified that a MySpace profile, identified by a nickname, was Barbers creation, state.
16/10/2021 Client: muhammad11 Deadline: 2 Day. 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. The court's determination of whether a complaint or claim is frivolous is based on "an assessment of the substance of the claim presented, i.e., is there a factual and legal basis, of constitutional dimension, for the asserted wrong, however inartfully pleaded.'" at 679.

Listed below are the cases that are cited in this Featured Case. 2254. California. at 681. 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. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Id. "A state court's interpretation of state law, including one announced on direct appeal of the challenged conviction, binds a federal court sitting in habeas corpus." And ladies and gentlemen, I'm going to ask you not to credit that scam that has been perpetrated on you here."). to what was previously Knorrs bedroom where she fell asleep. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Gang members took her to an, apartment, told her youre with the mob now and they would take care of her. Victim Doe was roommate of female gang member Knorr and also worked as an escort (for. 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. Harrington, 131 S.Ct. DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. at 2448. 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. Cal. 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. On March 27, 2012, petitioner filed a petition for review with the California Supreme Court, which initially granted review, but ultimately dismissed review on October 17, 2013. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's application for habeas corpus relief be denied. 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. Docs. United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). 969, 974 (2006). 2010). 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.

Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. The court's own records reveal that on December 5, 2013, petitioner filed a petition containing virtually identical allegations against the same respondent. 1881 (1975)). 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. 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. The evidence introduced at trial implicated Griffin in the first object of the conspiracy but not the second. Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit.

Accordingly, "a habeas court must determine what arguments or theories supported or . Early, 537 U.S. at 8, 123 S.Ct. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. Resp't's Lod. At Docket No.

Relief should be denied on petitioner's prosecutorial misconduct claims. 1991). 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. Famous Criminal Case - John Gotti .pdf, Chicago School of Professional Psychology. Early v. Packer,537 U.S. 3, 9, 123 S.Ct. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

United States v. Gray,876 F.2d 1411, 1417 (9th Cir. 19, 2014). 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).

2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Indeed, prosecutors have taken more egregious shots at defense counsel and have been found not to have committed misconduct. 2005). griffin v. gibson (cal. Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. United States v. Nevils,598 F.3d 1158, 1164 (9th Cir. Discussion. ORDER [Re: Motions at Docket Nos. No. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accuseds silence as evidence of guilt.

362, 366 (2002). 1868 (1974). 21, 22] JAMES K. SINGLETON, Jr., District Judge. Dissent. Listed below are those cases in which this Featured Case is cited.

OCTOBER TERM, 1991 See Jackson, 443 U.S. at 324 n. 16; Chein, 373 F.3d at 983. In case number 2:13-2516, petitioner is granted 21 days in which to file a reply to the answer. 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. Griffin v gipson case brief. pp. No. United States District Court, E.D. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. 9 RT at 2457, 2460. "[T]he Darden standard is a very general one, leaving courts `more leeway . Make your practice more effective and efficient with Casetexts legal research suite.

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. 51-60. Id. 1984). 2781, 61 L.Ed.2d 560 (1979). Good cause appearing, IT IS HEREBY ORDERED that: 1. R. Civ. The Findings and Recommendations indicate that the petition in 2:13-2660 is an exact duplicate of that filed in 2:13-2516. "[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." JUSTICE SCALIA delivered the opinion of the Court. "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." DAVID GRIFFIN, Petitioner, Id. Petitioner's sufficiency of the evidence claim should be denied. ]), 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]). Nos. School Marshall University Course Title CJ CJ-322 Uploaded By ball248 Pages 2 Ratings 100% (2) This preview shows page 1 - 2 out of 2 pages. His motion for a new trial was denied. United States District Court, E.D. The line between Yates and Turner makes good sense: Jurors are not generally equipped to determine whether a particular theory of conviction is contrary to law, but are well equipped to determine whether the theory is supported by the facts. Id. Petitioner and others were members of the 29, St. Crips, a criminal street gang based in, Sacramento. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C.

They took her to another house, had her sit in a recliner, and went into another room to talk. While this opinion can come across as complex, it simply stands for the assertion that one cannot be compelled to incriminate themselves, either by being forced to testify, or by having their own silence construed against them. State v. Zeta Chi Fraternity (1997) What was the case where it considered a corporation, the corporation was charged with selling alcohol to a person under the age of 21 and of prostitution. Griffin was convicted of robbery, burglary, aggravated kidnapping, conspirary to commit murder, and attempted murder California.https://leagle.com/images/logo.png. 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. Greer v. Miller,483 U.S. 756, 765-766, 107 S.Ct. and said she argued with Nate and was. 22 a request to appoint counsel. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Resp't's Lod. 2011) (misconduct where the prosecutor argued: "the defense [counsel] in this case read the records and then told a story to match the records. (Yin, K). Martinez v. Ylst, 951 F.2d 1153 (9th Cir. When Barber took the stand, the prosecutor didnt ask her about the MySpace profile. 2:13-cv-2516 MCE GGH P United States District Court, E.D. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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 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). Franklin, 745 F.2d at 1227 (citations omitted). Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. 3 RT 671-73. Annual Subscription ($175 / Year). Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. 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 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. 22 a request to appoint counsel. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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.

Pp. . 2:13-cv-2660 GGH P (E.D. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) Id. Griffin moved to suppress the evidence obtained in the search. Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. CJ 501 | Chapter 8 - Pt 2 Case Briefs 1 Griffin v. Gipson (E.D. The question to be resolved is whether the alleged prosecutorial misconduct "`so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" Cal. Within fourteen days after being served with these findings and recommendations, petitioner may file written objections with the court. In its unpublished memorandum and opinion affirming petitioner's judgment of conviction on appeal, the California Court of Appeal for the Third Appellate District provided the following factual summary: People v. Kidd, 2012 WL 243250, at **1-5 (January 26, 2012). Where the state courts have not addressed the constitutional issue in dispute in any reasoned opinion, the federal court will independently review the record in adjudication of that issue. Very early case where solicitation was involved Facts . The trial court denied the motion and Griffin was convicted. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Want more details on this case? 1495 (2000). 1915(a). 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." 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. 1088, 1091 (2013). 2012) (characterizing defense strategy as "the Wizard of Oz trick"); United States v. Ruiz,710 F.3d 1077, 1086 (9th Cir. 357 (2002). 1993) (citing Darden v. Wainwright,477 U.S. 168, 181, 106 S.Ct.

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