1. If the court finds that the man representing himself to be the natural father is a presumed father under subdivision (a) of Section 7004, then the court shall issue an order providing that the father's consent shall be required for an adoption of the child. ECF No. Annual Subscription ($175 / Year). The undersigned agrees. They can't say that. 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). 743, 746 (2008). 1038 (1986). "[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." 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. The six-year-old Michael was born out of wedlock to these parties. UNITED STATES. Petitioners application for a writ of habeas corpus be denied; and. The state court's determination that there was no improper burden shifting in the prosecution's rebuttal argument was not unreasonable. Hire Professional Writers And Get Best Homework Writing Services In Any Subject. On February 28, police officers discovered Kidd in a residence with a handgun and ammunition. The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. Brief Fact Summary. 1915(a). The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations.'" 2254, together with a request to proceed in forma pauperis. 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. He denied kidnapping or shooting anyone. Johnson v. Williams,133 S.Ct. Doe was held at gunpoint while others searched the residence for Nate, who had fled upon seeing what was happening. Thus not only is there no clear showing the visitation would be detrimental to the child but rather, the facts impel the conclusion visitation would be in the child's best interests. "); but see, United States v. Sanchez,659 F.3d 1252, 1224 (9th Cir. Doe dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. She testified that she looked back toward the car and saw two men pointing their guns at her. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. The statutory limitations of federal courts' power to issue habeas corpus relief for persons in state custody is provided by 28 U.S.C. We are permitted to review that evidence, that record, to determine if all necessary implied findings are supported by substantial evidence. 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. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. 138].) Doe was taken to a bedroom, where Tyler, Kidd and Griffin talked about running a train on her and forcing her to perform oral sex. FN 1. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. There will be a total of five different reaction papers throughout the course. Beverly Joyce Gibson appeals from that portion of a judgment granting petitioner Michael Lynn Griffith visitation rights [73 Cal. Code, 621) or a rebuttable presumption arising from any of the four factual situations delineated in section 7004, subdivision (a)(1), (2), (3), or (4). She also saw bullets hit the ground around her. While the mother did not raise this issue before the trial court, we examine the question. 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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 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. [See former Civ. A subscription to PACER is required. 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. Tyler also said they should rob Nate. She charges the trial court grant of visitation to the father was not predicated upon a finding of the best interests of the child. 770, 785 (2011). Hence, substantial evidence supports Griffins conviction for conspiracy to commit murder. denied, 478 U.S. 1021 (1986). DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. per., for Plaintiff and Respondent. 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. 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. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. Griffin acknowledges there was an agreement among the defendants to commit a robbery but the codefendants were not of a single mind about the rest of the evening. Doe testified that Griffin, unlike the others, was quieter and more polite to her. at 786-787. 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. Hall v. Whitley,935 F.2d 164, 165 (9th Cir. See Rule 2(c), Rules Governing 2254 Cases. James sued Robert for negligence. However, he eventually admitted he went to Nates house, but only to steal something and not to kidnap or shoot anyone. 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." No. 969, 974 (2006). This is not a good rule of statutory construction. On October 21, 2013, Griffin filed a petition for writ of habeas corpus in the Sacramento Superior Court, which was denied on November 14, 2013. After stopping at another residence for 15 or 20 minutes, they drove to an area near railroad tracks and an empty field. Yes. at 681, 832, 834; 5 RT 1289-90. 1991). MICHAEL LYNN GRIFFITH, Plaintiff and Respondent, v. BEVERLY JOYCE GIBSON, Defendant and Appellant, (Opinion by Staniforth, J., with Brown (Gerald), P. J., and Rosado, J., concurring.) 2010) (en banc). He called 9-1-1 for help. 1088, 1091 (2013). As Ms. Doe walked through the field, she heard gunshots. 3d 517, 522 [108 Cal. 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. 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. Indeed, prosecutors have taken more egregious shots at defense counsel and have been found not to have committed misconduct. 2254(b)(3). (c). 2012). Doe was told to get dressed and was taken into the living room. 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. One of more of them committed an overt act in furtherance of the agreement. Later, Tyler took Doe to meet up with a date she had that evening. at *49. Each of the five reaction papers will be approximately two pages in . The case was tried to two juries, one for Kidd alone and the other for the remaining defendants. On the evening of January 22, 2007, Doe and Knorr were returning home in Does car when Doe received a call from Nate telling her Knorr had been kicked out of the residence and not to bring her to Nates house. "[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." 16/10/2021 Client: muhammad11 Deadline: 2 Day. (Italics added.). Code 195 and 4453, as well as former Evid. A man came outside, saw Doe and carried her onto the porch. In particular, Knorr told them Nate had said, fuck themfuck Smash and them. Griffin was charged with conspiracy to commit murder and a, Griffin and the other members of gang called the 29, of Does place and told Nate that she needed to return to his place to obtain he, belongings. Kidd, 2012 WL 243250 at *30. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Himes v. Thompson,336 F.3d 848, 853 (9th Cir. Other than this superior court opinion finding that petitioner had previously raised all three claims on direct appeal and was therefore procedurally barred, there is no indication that petitioner has exhausted his current three claims through the California Supreme Court. September 19, 1977. The others in the room jumped up and started talking shit to one another about it. Tyler said, fuck that nigga, lets go smoke him. In gang culture, to smoke means to kill. 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? [Civ. 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. 122, 544 P.2d 1322].) A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. 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. (Yin, K). 1 at 1, No. 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. 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. 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.'" at **30-31. Griffin v. Illinois United States Supreme Court 351 U.S. 12 (1956) Facts Griffin (defendant) was convicted of armed robbery in the state courts of Illinois (defendant). United States District Court, E.D. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. Michael Lynn Griffith, in pro. 601, 387 P.2d 377].) This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. Make your practice more effective and efficient with Casetexts legal research suite. 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." All five defendants were charged with robbery in concert, burglary, aggravated kidnapping, conspiracy to commit murder, and attempted murder. Accordingly, unless petitioner provides facts on amendment indicating that he has brought these same claims to the California Supreme Court and received a decision from that court, his petition will be dismissed without prejudice. As Ms. Doe testified, petitioner, Tyler, and Kidd took her and put her back in the car, after she had been sexually assaulted. On the aggravated kidnapping charge, Griffin received a consecutive, indeterminate term of 15 years to life. Id. Id. I have read your project details and I can provide you QUALITY WORK within your given timeline and budget. She began walking faster and then running and continued to hear gunshots. We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. Id. The presumption is rebutted by a court decree establishing paternity of the child by another man.". 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. Further, if Civil Code section 197 is interpreted to prohibit visitation rights in Mr. Griffith the overall purpose of the Uniform Parentage Act is negated, an inequality in parental rights is created based on marital status and sex. 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). 3d 16, 21 [85 Cal. Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. Synopsis of Rule of Law. Therefore concludes the mother, a parent and child relationship does not exist under Civil Code section 7001 and no rights of visitation accrue. I will provide you the 100 percent original and plagiarism-free content. 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. Does 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. The section authorizes a "petition to terminate the parental rights of the father." 89, 510 P.2d 33]) and a statute must be interpreted "'according to the usual, ordinary import of the language employed.'" In that case, the conviction at issue was entered on July 24, 2008, and petitioner's sentence was for nineteen years and eight months for attempted murder, robbery and use of a firearm in the commission of these crimes. United States v. Nevils,598 F.3d 1158, 1164 (9th Cir. Id. The mother would repeal the specific express grant of rights under sections 7006, subdivision (c) and 7010, subdivision (c) by implication, by the silence of Civil Code section 197. Docs. However, if the state courts have not adjudicated the merits of the federal issue, no AEDPA deference is given; the issue is reviewed de novo under general principles of federal law. departed in two cars, a white and a blue Buick. Knorr was upset and told Nate that Doe had insulted the gang which, caused them to all proceed into the residence and steal any valuables (i.e., stereo). Early, 537 U.S. at 8, 123 S.Ct. App. Not often mentioned, but extremely important, is that intense media attention to conspiracy trials can lead to abuse. For all the foregoing reasons, the petition should be denied. Contrary to the mother's understanding, the Uniform Parentage Act provides not one but two methods of establishing the parent-child relationship. He denied accompanying the others to the home of A.S. Tyler was the only defendant to testify at trial. After reading your project details, I feel myself as the best option for you to fulfill this project with 100 percent perfection. After reading your posting, I feel, you need an expert research writer to complete your project.Thank You. 4 reflect a legislative intent to limit visitation rights to a "presumptive father" only as defined by Civil Code section 7004, subdivision (a). Tyler overheard her say fuck Nate and told the guys they could go to his house and take whatever they wanted because she left the front door unlocked. Chicago School of Professional Psychology, District Attorney_s Office v. Osborne.docx, Estate of Armstrong v. Village of Pinehurst.docx, CB3 State v. Gordon, 321 A.2d 352 (1974).docx, Saturn is associated with Dharma Rja He is the deity who sees everything and, OF UNWANTED MATERIALS SPECIAL TOOLS REQUIRED MATERIALS REQUIRED Table 65 4, i securities dealers brokers salesmen investment houses and other similar, de estadstica y probabilidad bsicos ya que comprende desde el uso de la, 8 What is the disadvantage of BST over the hash table a BST is easier to, When Johnny wanted a cookie before dinner he thought about just going and taking, Early adoption is not permitted Entity Period ended Materialit y Account balance, Question 7 What resources are available to you to assist you in interpreting, Which of the following are even smaller than viruses chlamydias prions and. 9 RT at 2457, 2460. The trial court dismissed the action. The father's uncontradicted evidence establishes a picture of fitness. A petition may be denied on the merits without exhaustion of state court remedies. According to Griffin, while the jury could have found he joined at the last minute in the attempt to murder Doe, the evidence does not support the inference beyond a reasonable doubt that he joined in an agreement to kill before-hand.. He was also convicted of active participation in a criminal street gang. The total sentence imposed on Griffin was 19 years 8 months, plus 65 years to life. Each defendant specifically intended to enter into an agreement to kill a human being. [73 Cal. The undersigned is bound by that conclusion. App. Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. 636(b)(1). ( Id., Counsel for the mother did not request a finding on this issue. Any amended petition must bear the case number assigned to this action and the title "Amended Petition"; and. "(c) The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. HistoryDavid Griffin (Petitioner) is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. Griffin v. Gipson 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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Griffin had previously been convicted of a felony. 3d 468] with his son. "(d) In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider all relevant facts.". 4. As Doe heard gun, shots she proceeded to run towards a house but was shot below the shoulder blade, where she landed on a mans front porch who prompted to call the police. "(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. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. 2254(b)(1). Any reply to the objections shall be served and filed within fourteen days after service of the objections. "(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). Get First 2 Pages Of Your Homework Absolutely Free! The evidence shows that petitioner and his codefendants were either members, associates, or allies of a criminal street gang called the 29th Street Crips. 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. She did as directed. 2253(c)(2). Accordingly, leave to proceed in forma pauperis is granted. In chain conspiracies , participants at one end of the chain may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale. "The presumption may be overcome when there is reason to think some other explanation for the state court's decision is more likely." 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. Jackson v. Virginia,443 U.S. 307, 319, 99 S.Ct. Petitioners sufficiency of the evidence claim should be denied. After Knorr was dropped off, she called B.K. By incorporating all the previous methods of legitimization into its provisions, section 7004 is intended by the Legislature to be the exclusive method of conferring upon a natural father parental rights including custody and visitation, which under previous law could be conferred only upon a natural father who had "legitimized" a child born out of wedlock. 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. (HC) Griffin v. Gipson, 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. The first step in the screening process for potential markets and sites is to ________. at 674. The mother named him as the father on the birth certificate. Listed below are those cases in which this Featured Case is cited. Reaction Paper Guidelines Reaction papers are a critical component of the conversation that will take place in this course. The father of the child, if presumed to be the father under subdivision (a) of Section 7004, is equally entitled to the custody, services and earnings of the unmarried minor. At times, this discretion borders on abuse, leading to charges that conspiracy law is unjust. Jackson established a two-step inquiry for considering a challenge to a conviction based on sufficiency of the evidence. Petitioner also asserts that the prosecutor improperly shifted the burden of proof to the defendants in the following statements: 9 RT 2460. This conflict, when raised in an appropriate case, will require resolution in the light of the manifest legislative purpose to equalize the rights and obligations of parents in relationship to their children without regard to sex, without regard to marital status. Respondent contends that the Court of Appeals rejection of petitioners sufficiency of evidence claim was neither contrary to, nor an unreasonable application of Jackson. Tyler told Doe she was going to go out and start making money for him. Sign up for our free summaries and get the latest delivered directly to you. 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. 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. The following documents for this case are available for you to view or download: Use the links below to access additional information about this case on the US Court's PACER system. 28 U.S.C. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. 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. Court of Appeals of California, Fourth Appellate District, Division One. (People ex rel. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. Id. (Bowland v. Municipal Court, 18 Cal. On February 3, 2007, police officers contacted Tyler and Merritt in a hotel room. at 680. and told her she had argued with Nate and was moving out of his residence. Further, this conflict will require resolution in conformity with Stanley v. Illinois, 405 U.S. 645, 655 [31 L. Ed. In wheel conspiracies , one or more defendants participate in every transaction. (Estate of Taylor, 6 Cal. Dissent. The California Court of Appeal ordered that petitioner be resentenced, but otherwise affirmed the judgment. Held. Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. 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. Code, 215. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. Critics say that when prosecutors dont have enough evidence to convict for the crime itself, they turn, as their last hope, to conspiracy. Code, 661.]. App. Petitioner contends that his due process rights had been violated because his conspiracy to commit murder conviction was not supported by sufficient evidence. (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). United States District Court, E.D. Tyler then came in the room and forced Doe to orally copulate him as well. The court then determined the father was entitled to visitation privileges and ordered him to pay child support of $100 a month. This father claims rights to visitation under Civil Code sections 7006, subdivision (c) and 7010, subdivision (c). 1868 (1974). She testified that petitioner and Kidd were holding guns. Harrington v. Richter,131 S.Ct. Failure to file objections within the specified time may waive the right to appeal the District Courts order. (Id., ECF No. 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. at 676-78. Kidd and Griffin were both armed with handguns. at 14.) She also told Detective Nutley that Tyler and Griffin were opposed to hurting or killing her. ), [1b] We therefore conclude the Uniform Parentage Act, sections 7006 and 7010, in clear and unmistakable language, grants a right to the father here to bring an action to establish the child-parent relationship and upon the determination of the existence of that relationship to secure an order compelling visitation privileges with the child provided, of course, it is "in the best interest of the child." Id. Knorr said she had been dropped off by Doe and needed a ride to pick up her things. "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." The mother's argument with respect to Civil Code section 197 faces the same constitutional hurdle as does Civil Code section 7017, subdivision (d) if her interpretation is followed. 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