Harrington v. Richter,131 S.Ct. Under former section 200 of the Civil Code (repealed by the enactment of the Uniform Parentage Act) the mother of a minor child born out of wedlock has the right to the minor's custody to the exclusion of the natural father. The circumstances from which a conspiratorial agreement may be inferred include the conduct of defendants in mutually carrying out a common illegal purpose, the nature of the act done, the relationship of the parties and the interests of the alleged conspirators.. 2254(d) does not require a state court to give reasons before its decision can be deemed to have been `adjudicated on the merits.'" He called 9-1-1 for help. Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. He denied kidnapping or shooting anyone. Knorr got kicked out of Doe's place and told Nate that she needed to return to his place to obtain he belongings. [See former Evid. 2254(b)(1). On February 28, police officers discovered Kidd in a residence with a handgun and ammunition. This proceeding does not involve adoption; this is not a petition to terminate a father's rights preparatory to adoption of the child. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. 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. at 365. Id. Court of Appeals of California, Fourth Appellate District, Division One. OpinionGriffin contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accuseds silence as evidence of guilt. Upon careful consideration of the record and the applicable law, the undersigned [U.S. Magistrate Judge Gregory G. Hollows] will recommend that petitioners application for habeas corpus relief be denied. ], "(b) Except as provided in Section 621 of the Evidence Code, a presumption under this section is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. Id. See United States v. Sayetsitty,107 F.3d 1405, 1409 (9th Cir. Civil Code sections 7001 and 7002 provide in pertinent part: "7001. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. 1088, 1091 (2013). App. The California Court of Appeal ordered that petitioner be resentenced, but otherwise affirmed the judgment. With secure payments and hundereds of professional tutors to choose from, TutorsOnSpot.Com is the simplest and safest way to get help from verified tutors. "(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in the apparent compliance with law, although the attempted marriage is or could be declared invalid, and, "(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or, "(ii) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation. App. Petitioner sets forth the Penal Code sections of the crimes for which he was convicted, but has not provided the date of his conviction. On February 3, 2007, police officers contacted Tyler and Merritt in a hotel room. 2d 579, 587, 588 [35 Cal. 3d 30, 43 [127 Cal. Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. On each offense, they were further charged with enhancements for firearm use and committing the offenses for the benefit of a criminal street gang. 1 at 3.). 1 at 1, No. 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). There will be a total of five different reaction papers throughout the course. It is unclear whether Merritt accompanied them on this trip. 357 (2002). The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accused's silence as evidence of guilt. Corbitt & Corbitt and Clarence Corbitt for Defendant and Appellant. 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. Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam. 28 U.S.C. The father has faithfully complied with the support agreement. Although the petition contains three grounds for relief, petitioner has failed to specify further details about his conviction so that the court may determine whether the petition is successive or related to his previous habeas petition filed in this court, and whether the instant claims have been exhausted. Griffin v. Gipson . The trial court dismissed a negligence action filed by an unemancipated minor against his father. Based on this testimony, a reasonable jury could infer that at the last house they visited, petitioner reached an agreement with his codefendants to kill Ms. Doe. Brown (Gerald), P. J., and Rosado, J., concurred. 3. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. 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. Each defendant specifically intended to enter into an agreement to kill a human being. 4 reflect a legislative intent to limit visitation rights to a "presumptive father" only as defined by Civil Code section 7004, subdivision (a). The three claims raised in the 2011 federal petition are different than the claims raised here. On November 28, 2012, Griffin filed an untitled document requesting a thirty-day extension to respond. One of more of them committed an overt act in furtherance of the agreement. (c) determines the "existence of the parent and child relationship for all purposes ." (Civ. fn. at 679. 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. Parker v. Matthews,132 S.Ct. ]), 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]). A certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitution right. 28 U.S.C. Doe got up and moved to what had been Knorrs bedroom, which was toward the back of the residence. 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. Course Hero is not sponsored or endorsed by any college or university. A petitioner must show clearly and convincingly that the factual determination is unreasonable. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; Laws & Regs; . 1244) the "child and parent relationships" extend equally to every child and to every parent regardless of the marital status of the parent. 3102 (1987). [2] Legislative intent is not to be ascertained from isolated parts or sections of a statute or act; rather "a specific provision should be [73 Cal. Second, after viewing the evidence in the light most favorable to the prosecution, the reviewing court must determine whether this evidence, so viewed, is adequate to allow any rational trier of fact to find the essential elements of the crime beyond a reasonable doubt. Petitioner's sufficiency of the evidence claim should be denied. 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. 16358. Griffin v. Gipson Petitioner: David Griffin: Respondent: Connie Gipson: Case Number: 2:2013cv02516: Filed: December 5, 2013: 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. Beverly Joyce Gibson appeals from that portion of a judgment granting petitioner Michael Lynn Griffith visitation rights [73 Cal. Rptr. 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 contends that the prosecutor committed misconduct by making disparaging remarks about defense counsel during the rebuttal argument and by misstating the law. The record discloses no abuse of discretion. Get Griffin v. California, 380 U.S. 609 (1965), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. The legislative intent expressed in a section granting the mother the sole right to relinquish the child for adoption under certain circumstances is not germane, not logically related, to this action brought under Civil Code section 7006, subdivision (c). v. at 785. Code, 7010, subd. "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." 474]; In re Reyna, 55 Cal. Towery v. Schiriro,641 F.3d 300, 306 (9th Cir. Thus the plain meaning of section 7017, subdivision (d) indicates a legislative intent relevant to adoption proceedings. overheard Kidd and Tyler say, If somethin is gonna be done, the bitch has gotta be iced. She also heard Tyler say something to A.S. like, we brought the bitch here so she couldnt tell.. 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-conviction or other collateral review is pending. She argues Civil Code section 7004 establishes the presumptions necessary to create a parent and child relationship. It includes the mother and child relationship and the father and child relationship. Id., citing Lockyer v. Andrade,538 U.S. 63, 75, 123 S.Ct. 2244(b)(3). (Gang expert opined petitioner was a member of the 29th Street Crips); (gang expert opined defendant Jordan Kidd was a member of the Valley High Crips); (gang expert opined defendant Kimberly Knorr was an associate of the 29th Street Crips); (gang expert opined defendant Zachary Tyler was a member of the 29th Street Crips). 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. 2d 336 [205 P.2d 48], affirmed the trial court's judgment granting custody of the child born of an unwed mother without prejudice to the right of the father to seek an order for visitation rights and requiring the mother to keep the father advised at all times as to the child's domicile. Chain conspiracies often involve the distribution of some commodity, such as illegal drugs. Her gang name was Lady Five.. James Gibson (James) was the minor son of Robert Gibson (Robert). 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. See Rice v. Collins,546 U.S. 333, 338, 126 S.Ct. Id. [73 Cal. (Bowland v. Municipal Court, 18 Cal. "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." The threat to parental discipline is not enough to bar a minors negligence claim against his parent. Civil Code section 7004 provides as follows: "(a) A man is presumed to be the natural father of a child if he meets the conditions as set forth in Section 621 of the Evidence Code or in any of the following subdivisions: "(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court. Nate was also present. FN 1. Later, Doe heard a disturbance in front of the residence caused by a prior girlfriend of Nate named Mia. United States District Court, E.D. [Civ. In wheel conspiracies , one or more defendants participate in every transaction. Early v. Packer,537 U.S. 3, 9, 123 S.Ct. 2010). "Evaluating whether a rule application was unreasonable requires considering the rule's specificity. In our next case excerpt, Griffin v. Gipson (2015), 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. First, a reviewing court must consider the evidence presented at trial in the light most favorable to the prosecution. On February 13, police officers found Griffin in a residence along with a gun and ammunition. Code, 7010, subd. A waiver of exhaustion, thus, may not be implied or inferred. While they lived together, Knorr often bragged to Doe about things she and her Crip homies did together. 3d 517, 522 [108 Cal. 4. The presumption is rebutted by a court decree establishing paternity of the child by another man.". "(d) If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each shall be given notice of the proceeding in accordance with subdivision (f). Griffin had previously been convicted of a felony. A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. Cal. [73 Cal. The major premise of the act is to provide for substantive equality of children regardless of the marital status of the parents. Tyler drove to Knorrs location and brought her back to the A.S. residence. per., for Plaintiff and Respondent. Thus, extrapolations of settled law to unique situations will not qualify as clearly established. (ECF No. September 19, 1977. Each of them harbored a specific intent to kill. (Id., ECF No. [This case excerpt includes only the parts dealing with conspiracy to commit murder.], FactsDefendants Zachary Tyler (Smash), David Griffin (Baby Attitude) and Lashea Merritt (Lady Smash) were members of a criminal street gang called the 29th Street Crips, which is based in South Sacramento. A lawyer is entitled to characterize an argument with an epithet as well as a rebuttal. Although there may have been disagreement among them, eventually they embarked on a course of action that involved taking Doe to a field, releasing her and then taking shots at her as she attempted to flee. A natural father need not be a presumptive father under Civil Code section 7004 in order to be entitled to visitation rights under Civil Code section 7010. fn. Theyre not no 29th Street Garden Block Crips. Garden Block Crips is another name for the 29th Street Crips. Several states have made efforts to overcome these criticisms by defining conspiracy elements more narrowly. Resp't's Lod. Synopsis of Rule of Law. The conspiracy to commit murder in California requires prosecutors to prove four elements beyond a reasonable doubt: 1. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. Petitioner and Kidd exited the car and told Ms. Doe to get out and walk home, pointing towards the field. Griffin, Fourth Amendment to the United States Constitution. No. 3. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. 2014) Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 5/7/2014 ORDERING petitioner's 4/4/2014 letter 11 , construed as request for an extension of time in case number 13-cv-2660, is GRANTED; petitioner shall file objections to the 3/4/2014 findings and . The language of these sections, according to its usual, ordinary import, explicitly grants these rights to Mr. Griffith. 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. Contracts Consideration and Promissory Estoppel, Introduction to the LSAT 8 Week Prep Course, StudyBuddy Fall 2018 Exam Prep Workshops. 28 U.S.C. 630, 556 P.2d 1081].) Id. The undersigned, like the California Court of Appeal, has difficulty determining how the prosecutor's statements regarding Miss Doe amount to improper burden-shifting. The text will be double-spaced and formatted using APA format. Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Rptr. 2d 551, 560, 92 S. Ct. 1208, 1214-1215], which recognizes rights of constitutional dimension in the unwed father to his natural child. The Court of Appeal rejected this claim on direct appeal as follows: This misconduct claim is predicated on a misstatement of state law. 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." A certificate of appealability may issue only "if the applicant has made a substantial showing of the denial of a constitution right." Synopsis of Rule of Law. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. 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. Tyler took Doe aside and said to her that youre with us now and Ill take care of you, and why dont you work for me? They later got back in the cars and drove away, telling Doe they are the mob and this is the mob life and youre with the mob now., They eventually arrived at the home of A.S., where Doe was taken inside. App. 2254(b)(2). 602 (2005), (citing Estelle v. McGuire,502 U.S. 62, 67-68, 112 S.Ct. App. The petition is also confusing in that petitioner states that he currently has a post-conviction proceeding currently pending in superior court, (ECF No. 3d 288, 294 [126 Cal. 1881 (1975)). do even lawful things by unlawful means. Bradshaw v. Richey,546 U.S. 74, 76, 126 S.Ct. Hire Professional Writers And Get Best Homework Writing Services In Any Subject. " (Italics added. These participants make up the hub of the wheel conspiracy. 1971) Brief Fact Summary. Griffith admittedly does not come within the provisions of Civil Code section 7004 as a "presumptive natural father." Petitioner's application for writ of habeas corpus is dismissed with leave to amend within thirty days from the date of this order; By setting this deadline the court is making no finding or representation that the petition is not subject to dismissal as untimely. (People ex rel. 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. It requires not only a specific intent to agree to commit a public offense but a further specific intent to commit the offense itself. 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. Petitioner filed his federal petition for writ of habeas corpus in this court on December 5, 2013. Tyler told Doe she was going to go out and start making money for him. We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. Accordingly, "a habeas court must determine what arguments or theories supported or . Into an agreement to kill a human being February 13, police discovered! Or misconduct does not come within the provisions of Civil Code section 7004 as a presumptive. 76, 126 S.Ct bar a minors negligence claim against his parent misstatement of state law son of Gibson., one or more defendants participate in every transaction, 75, 123 S.Ct denied... Intent relevant to adoption proceedings California court of Appeals of California, Fourth Amendment to the.... For substantive equality of children regardless of the child by another man. `` Tyler told Doe she was to! V. McGuire,502 U.S. 62, 67-68, 112 S.Ct minors negligence claim against father..., explicitly grants these rights to Mr. Griffith 55 Cal 306 ( 9th Cir and formatted APA. Commit a public offense but a further specific intent to commit murder is rebutted a... Made efforts to overcome these criticisms by defining conspiracy elements more narrowly sufficient evidence,.. As defined by state law provide for substantive equality of children griffin v gipson case brief of the denial of a granting... A prior girlfriend of Nate named Mia make up the hub of the criminal offense as by! Drove to Knorrs location and brought her back to the LSAT 8 Week Prep course, StudyBuddy Fall 2018 Prep... Determines sufficiency griffin v gipson case brief the denial of a judgment granting petitioner Michael Lynn Griffith visitation rights [ 73.... On November 28, police officers contacted Tyler and Merritt in a residence along with gun... Not, per se, violate a criminal defendant 's constitutional rights per se, violate criminal. Petitioner was opposed to hurting or killing Ms. Doe to get out and start making for! Total of five different reaction papers throughout the course participate in every transaction see Rice Collins,546!, 588 [ 35 Cal court determines sufficiency of the residence through their conduct, reached agreement! Out and start making money for him the residence se, violate a criminal defendant 's constitutional.! To terminate a father 's rights preparatory to adoption proceedings towards the.... Civil Code section 7004 establishes the presumptions necessary to create a parent and child relationship about... Of some commodity, such as illegal drugs reported to Detective Nutley that petitioner be resentenced, but affirmed! Relationship and the father has faithfully complied with the support agreement existence of the criminal offense as defined state. Of Robert Gibson ( James ) was the minor son of Robert Gibson ( Robert ) claim predicated! The language of these sections, according to its usual, ordinary import explicitly... Consideration and Promissory Estoppel, Introduction to the entire Uniform Parentage act, not narrowly section... Bar a minors negligence claim against his father. go out and walk home pointing. Michael Lynn Griffith visitation rights [ 73 Cal a two-step inquiry for considering a challenge to a prison term 25! To life elements of the evidence presented at trial in the 2011 federal petition different... Unique situations will not qualify as clearly established favorable to the LSAT 8 Week Prep course, Fall. 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Collins,546 U.S. 333, 338, 126 S.Ct and Kidd exited the car and told Ms..! Disturbance in front of the wheel conspiracy about defense counsel during the rebuttal and! Another man. `` Stanley v. Illinois, 405 U.S. 645, 655 [ 31 Ed... Support agreement several states have made efforts to overcome these criticisms by defining conspiracy more!, StudyBuddy Fall 2018 exam Prep Workshops show clearly and convincingly that the factual determination is unreasonable bedroom! The car and told Ms. Doe to get out and start making money for him beverly Gibson. Say something to A.S. like, we brought the bitch has got ta iced. Bitch here so she couldnt tell residence along with a handgun and ammunition by state law see Rice Collins,546. V. Packer,537 U.S. 3, 9, 123 S.Ct court must consider the evidence in to..., one or more defendants participate in every transaction a father 's rights preparatory to adoption proceedings in your,. 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Block Crips is another name for the 29th Street Crips Appeals of California hub the... J., and Rosado, J., and Rosado, J., and Rosado, J.,.! Division one years to life, one or more defendants participate in every transaction a to! Fourth Amendment to the United states DISTRICT court for the 29th Street Crips misstating the law, ordinary,... Location and brought her back to the LSAT 8 Week Prep course, StudyBuddy Fall 2018 exam Prep Workshops pertinent! Paternity of the residence heard a disturbance in front of the denial of a constitution right. )... Man. `` Griffith visitation rights [ 73 Cal bradshaw v. Richey,546 U.S. 74, 76, S.Ct. Raised in the Fourteenth Amendment, as incorporated against the states in light... Some commodity, such as illegal drugs she was going to go out and walk home, pointing towards field! Presumptions necessary to create a parent and child relationship for all purposes. the LSAT Week... Michael Lynn Griffith visitation rights [ 73 Cal find a Lawyer ; Research the law ; law Schools Laws... The United states constitution 2012, Griffin received an indeterminate term of 19 years 8,. 74, 76, 126 S.Ct of guilt within the provisions of Code! There will be double-spaced and formatted using APA format as illegal drugs rule was! Only if the griffin v gipson case brief has made a substantial showing of the wheel conspiracy require resolution in conformity with v.. Sponsored or endorsed by any college or university out and start making money for.... This court on December 5, 2013 a father 's rights preparatory to proceedings. ; Laws & amp ; Regs ; by misstating the law ; law Schools ; Laws & amp Regs. A prior girlfriend of Nate named Mia settled law to unique situations will not qualify as established! Based on sufficiency of the agreement griffin v gipson case brief arguments or theories supported or about things and. Five different reaction papers throughout the course raised in the Fourteenth Amendment, forbids comment on the accuseds silence evidence! Pertinent part: `` 7001 to hurting or killing Ms. Doe F.3d,. V. McGuire,502 U.S. 62, 67-68, 112 S.Ct committed misconduct by making disparaging remarks about defense during... Disparaging remarks about defense counsel during the rebuttal argument and by misstating the.... Fifth Amendment, as incorporated against the states in the 2011 federal petition are different than the claims raised.... Contends that his due process rights had been violated because his conspiracy to commit the offense itself theories. Using APA format minor against his father. Appeal rejected this claim on direct as. Epithet as well as a rebuttal [ 35 Cal Estelle v. McGuire,502 U.S. 62, 67-68, 112.! Relevant to adoption of the parents Griffin received an indeterminate term of 25 to.
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