86. But what happens when defendants don't have the money to pay for necessary court documents for the case? & S. 272 Held: There was a contract for the sale of goods. 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. CitationGriffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. The undersigned is bound by that conclusion. Listed below are the cases that are cited in this Featured Case. 1997) (citation omitted). 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 court's own records reveal that on December 5, 2013, petitioner filed a petition containing virtually identical allegations against the same respondent. The undersigned agrees. As Ms. Doe walked through the field, she heard gunshots. 2010) (en banc). 2148, 2155 (2012). Griffin v. Gipson. 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. Petitioner Griffin and others were charged in a multiple-object conspiracy. Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's application for habeas corpus relief be denied. 1166 (2003). § 2254. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. Now, let me also put to one side one other possibility which might seem to be relevant but which is not and that is the Illinois Post-Conviction Hearing Act procedure by which it is also possible under certain circumstances to obtain a free transcript. Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. 1991). California.https://leagle.com/images/logo.png. United States v. Gray, 876 F.2d 1411, 1417 (9th Cir. A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." In order to determine whether misconduct occurred, it is necessary to examine the entire proceedings and place the prosecutor's conduct in context. . Griffin contends the foregoing argument was improper for several reasons. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Id. at *49. Petitioner's sufficiency of the evidence claim should be denied. 3 RT 806-07. Petitioner and Kidd exited the car and told Ms. Doe to get out and walk home, pointing towards the field. 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). 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. 1. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." ." The trial court denied the motion and Griffin was convicted. at 785, citing Williams v. Taylor, 529 U.S. 362, 410, 120 S.Ct. GRIFFIN v. UNITED STATES. 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. . . 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.'" "Clearly established" law is law that has been "squarely addressed" by the United States Supreme Court. Towery v. Schiriro, 641 F.3d 300, 306 (9th Cir. Id. 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. Woodford v. Viscotti, 537 U.S. 19, 123 S.Ct. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. Connie Gipson, Respondent, represented by Kevin Lee Quade , California Department Of Justice. Tyler drove the group to an empty field and parked. On April 24, 2014, petitioner filed a letter concerning both 20 cases filed by him against Connie Gipson, 13-cv-2516, and 13-cv-2660, expressing confusion as 21 to the status of both cases. United States v. Young, 470 U.S. 1, 12-13, 105 S.Ct. 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 e.g., Carey v. Musladin, 549 U.S. 70, 76, 127 S.Ct. 2140 (2004). 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. Petitioner notes Ms. Doe described his treatment of her as more polite, less verbally abusive and less aggressive than the other co-defendants. Id. In sum, the state court decision was not contrary to, or an unreasonable application of, clearly established federal law. 9 RT at 2457, 2460. 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)). "[P]rosecutors may strike `hard blows,' based upon the testimony and its inferences, although they may not, of course, employ argument which could fairly be characterized as foul or unfair." Id. Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6-2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt. David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: Court: US District Court for the Eastern District of California: Office: Sacramento Office: County: Kings: Presiding Judge: Gregory G. Hollows: Nature of Suit: General: Cause of Action: 28:2254: Jury Demanded By: None Failure to file objections within the specified time may waive the right to appeal the District Court's order. Furthermore, the asserted misconduct must result in actual, substantial prejudice. GRIFFIN v. WISCONSIN(1987) No. Early v. Packer, 537 U.S. 3, 9, 123 S.Ct. 2:13-cv-2516 GGH P (E.D. Id. 1038 (1986). 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). Hall v. Whitley, 935 F.2d 164, 165 (9th Cir. The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. Id. . Thus, even where a prosecutor's argument, questions or behavior are found improper, relief is limited to cases in which a petitioner can establish that the misconduct resulted in actual, substantial prejudice. The 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. And ladies and gentlemen, I'm going to ask you not to credit that scam that has been perpetrated on you here."). GREGORY G. HOLLOWS, Magistrate Judge. The judge instructed the jury that Griffin had a … 1 2 3 4 5 6 7 8 united states district court 9 for the eastern district of california 10 11 david griffin, 12 petitioner, 13 14 no. The cases are cited at page 18 of the brief and there is a quotation from one of the footnote at page 50 of the brief. Decided February 25, 1946. Syllabus. For the reasons set forth in these findings and recommendations, a substantial showing of the denial of a constitutional right has not been made in this case. Listed below are those cases in which this Featured Case is cited. ]), 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]). 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. § 636(b)(1). United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir. Kidd, 2012 WL 243250 at *30. 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. at 365. 2781, 61 L.Ed.2d 560 (1979). Argued October 7, 1991-Decided December 3,1991. Citations are also linked in the body of the Featured Case. 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. The court found that the state's interest in … "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." Greer v. Miller, 483 U.S. 756, 765-766, 107 S.Ct. 28 U.S.C. "[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." Darden, 477 U.S. at 181 (quoting Donnelly, 416 U.S. 637, 643, 94 S.Ct. . Griffin (defendant) was convicted of armed robbery in the state courts of Illinois (defendant). at 2469. Kidd, 2012 WL 243250 at *32. The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. 362, 366 (2002). at 679. United States District Court, E.D. 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. 3102 (1987). Docs. Id. The fifth Amendment, as […] Juan H. v. Allen, 408 F.3d 1262, 1274 (9th Cir. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. Id. v. On habeas corpus review, allegations of prosecutorial misconduct merit relief "only if the misconduct rises to the level of a due process violation—not merely because [the reviewing court] might disapprove of the prosecutor's behavior." Click the citation to see the full text of the cited case. In this case, even if Griffin is correct in asserting that counsel may have successfully moved to ... and he has not argued in his appellate brief … 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." Harrington, 131 S.Ct. Id. at 785. DAVID GRIFFIN, Petitioner, ORDER signed by Magistrate Judge Gregory G. Hollows on 6/19/14 ORDERING that (Document 18) Motion for Extension is granted in 13-2516 and denied in 2:13-2660 (Document 13); and petitioner shall file a reply to the answer in 2:13-2516 within 21 days from the date of this order.The Findings and Recommendations in 2:13- 2660 … 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. 2140 (2004)) . Should they still get their day in court? 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." Parks Bd., 146 Ariz. 352, 356, 706 P.2d 364, 368 (1985). See Rice v. Collins, 546 U.S. 333, 338, 126 S.Ct. Early, 537 U.S. at 8, 123 S.Ct. A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. Accordingly, "a habeas court must determine what arguments or theories supported or . This case was brought here under § 1254(1)of Title 28 of the United States Code, 28 U.S.C.A. Griffin v. Gipson (2015) What case was the petitioner was a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant, the petitioner was convicted of robbery in concert, burglary, aggravated kidnapping, conspiracy to commit murder, and attempted murder, the judge denied the petition for relief with habeas corpus? 1868, (1974)). Next, Griffin argues the prosecutor shifted the burden of proof to the defendants. No. in reaching outcomes in case-by-case determinations[]' (Yarborough v. Alvarado, 541 U.S. 652, 664, 124 S.Ct. They can't say that. The text of § 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that §. The above-cited clause of the Pfizer-Griffin agreement is unambiguous. 2:13-cv-02516-MCE-GGH (2015) Facts: The defendants, Zachary Tyler (Smash), David Griffin (Baby Attitude), and Lashea Merritt (Lady Smash), were members of a criminal street gang (29 th Street Crips) based in … Argued December 10, 1945. at 676-78. Griffin v. Gipson United States District Court, Eastern District of California January 14, 2014 DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. at 674. 1989). Annalysse Schiaffino, Madi Fritts, Tyler Paul, Brady Kelly, Jesus Mena, & Fred Feleti Law and Justice 313: Intro to Criminal Law Professor Rodrigo Murataya Case Brief: Griffin v Gipson No. In Jefferson v. Griffin Spalding County Hospital Authority, the Supreme Court of Georgia affirmed a lower court order requiring a pregnant woman to submit to a cesarian section and other medical procedures necessary to save her unborn child's life. 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