1868, (1974)). 2244(b)(3). Contrary to the mother's understanding, the Uniform Parentage Act provides not one but two methods of establishing the parent-child relationship. The Nature and Scope of Fourteenth Amendment Due Process; The Applicability of the Bill of Rights to the States, The Right to Counsel, Transcripts and Other Aids; Poverty, Equality and the Adversary System, Lineups, Showups and Other Pre-Trial Identification Procedures, Speedy Trial and Other Speedy Disposition, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), Griffin v. California, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. 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. do even lawful things by unlawful means. The mother contends a natural father must "meet one or more of the criteria under the Uniform Parentage Act section 7004 for the Court to declare the existence of a parent and child relationship." Getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. Tylers gang name was Smash, Merritt was called Lady Smash, and Griffin went by the name of Baby Attitude. Defendant Jordan Kidd was a member of the Valley High Crips, which is an ally of the 29th Street Crips. The Court of Appeal rejected this claim on direct appeal as follows: This misconduct claim is predicated on a misstatement of state law. 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. Brief Fact Summary. The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. 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). "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 trial court found Griffith was not "a presumed natural father" as defined in section 7004 of the Civil Code; rather "a parent and child relationship exists between Petitioner, Michael Lynn Griffith, and [the boy]" as defined in section 7001 of the Civil Code. . [See former Civ. 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). There is a presumption against repeal by implication. All statutory references to "legitimacy" and "illegitimacy" are eliminated. United States v. Nevils,598 F.3d 1158, 1164 (9th Cir. 2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. [Only the part of the opinion dealing with the conspiracy to commit murder charge, is included here]. She helped me in last minute in a very reasonable price. 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. 28 U.S.C. There will be a total of five different reaction papers throughout the course. 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). After his arrest, Kidd had been interviewed by police, and the videotape of that interview was played to his jury alone. Rptr. "(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. Disclaimer: Tutors are not employees or representatives of TutorsOnSpot.Com, Join The Community Already Trusted By Thousands Of Students Like You, Online Financial Statement Analysis Tutors, Online Online Capsim Simulation & Rounds Tutors, Online Online Classes | Quizzes | Exams Tutors. This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. Citation479 P.2d 648 (Cal. First, a general criticism is that conspiracy law punishes conduct too far remote from the actual crime. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. Doe was held at gunpoint while others searched the residence for Nate, who had fled upon seeing what was happening. The father has faithfully complied with the support agreement. FN 2. A waiver of exhaustion, thus, may not be implied or inferred. The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus. Doe was eventually told she had to orally copulate L.M. Citations are also linked in the body of the Featured Case. 2d 549, 552, 553 [29 Cal. Argued October 7, 1991-Decided December 3,1991. Failure to file objections within the specified time may waive the right to appeal the District Courts order. 770, 785 (2011). The court then determined the father was entitled to visitation privileges and ordered him to pay child support of $100 a month. 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. 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. 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? She testified that petitioner and Kidd were holding guns. 132].). Accordingly, "a habeas court must determine what arguments or theories supported or . 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." Phrases such as unlawful objects, lawful objects by unlawful means, and objectives harmful to public health, morals, trade, and commerce are increasingly regarded as too broad and, therefore, unacceptable. 1997) (citation omitted). He was also convicted of active participation in a criminal street gang. Id. Get First 2 Pages Of Your Homework Absolutely Free! Without more information about petitioner's conviction, the court cannot determine whether to dismiss petitioner's application without prejudice to its refiling upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit, or whether to determine that it is related to the prior case. (Id. Dissent. Full title:DAVID GRIFFIN, Petitioner, v. CONNIE GIPSON, Respondent. The Court of Appeal rejected this claim on direct appeal as follows: Griffin contends there is insufficient evidence he entered into a conspiracy to murder Doe. ECF No. 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. ", "7002. Martinez v. Ylst,951 F.2d 1153 (9th Cir. Griffin wanted to appeal his conviction and petitioned the trial court on grounds of indigence for a free copy of the trial court record. " (Italics added. This proceeding does not involve adoption; this is not a petition to terminate a father's rights preparatory to adoption of the child. 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 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. They all stopped at an apartment complex on 29th Street that had been the birthplace of the gang. 2010) (en banc). Juan H. v. Allen,408 F.3d 1262, 1274 (9th Cir. Said the court: "No reason has been advanced for the denial to the father of his right to visit his child and if he desires to do so he has a right to be admitted to see the infant at all convenient times." Sign up for our free summaries and get the latest delivered directly to you. (Bookstein v. Bookstein, 7 Cal. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 3d 472]. United States v. Gorostiza,468 F.2d 915, 916 (9th Cir.1972). 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. The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations.'" The evidence before the trial court warrants the further conclusion the mother had prevented visitation "in hopes" it would force the father to marry her. 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. By its express language it deals with the rights of a "presumed father" under Civil Code section 7004, subdivision (a). 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. 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. 89, 510 P.2d 33]) and a statute must be interpreted "'according to the usual, ordinary import of the language employed.'" Towery v. Schiriro,641 F.3d 300, 306 (9th Cir. denied, 478 U.S. 1021 (1986). 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. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. 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. 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. It is not clear that the instant claims have been presented to the California Supreme Court. The three claims raised in the 2011 federal petition are different than the claims raised here. Knowledge, recklessness, and negligence are increasingly attacked as insufficient culpability for an offense as remote from completion as conspiracy. "[T]he Darden standard is a very general one, leaving courts `more leeway . Griffin v. Gipson . Code, 7010, subd. ], This site is protected by reCAPTCHA and the Google. Whether a jury instruction on the accuseds silence is reversible error. The trial court dismissed the action. Kidd and Griffin were both armed with handguns. (c). 2148, 2155 (2012). 2254(d) does not require a state court to give reasons before its decision can be deemed to have been `adjudicated on the merits.'" [4] In analyzing these contentions we start with the familiar rule of statutory construction: a particular provision prevails over a general provision (In re James M., 9 Cal. Several states have made efforts to overcome these criticisms by defining conspiracy elements more narrowly. Griffith entered into agreement with the family support division of the district attorney's office providing for the support of the yet unborn child. See e.g., U.S. v. Del Toro-Barboza,673 F.3d 1136, 1151 (9th Cir. California. Civil Code section 7010 provides as follows: "(a) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code. Griffin filed his federal petition for writ of habeas corpus in this court on December 5, 2013. ." Doe ran toward the light of a house and eventually reached the house, where she yelled for help. Tyler, Griffin and Kidd were convicted on all charges, and all enhancements were found true. Chain conspiracies often involve the distribution of some commodity, such as illegal drugs. Darden, 477 U.S. at 181 (quoting Donnelly,416 U.S. 637, 643, 94 S.Ct. S. No. 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. 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 undersigned agrees. Id. On February 3, 2007, police officers contacted Tyler and Merritt in a hotel room. The vague definitions of the elements in conspiracy offer considerable opportunity for prosecutorial and judicial discretion. departed. 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. Griffin v. Gipson U.S. District Court, Eastern District California. FN 4. 28 U.S.C. 2:11-1358 JKS. Civil Code section 7017 defends the bounds of parental rights where the mother proposes to relinquish a child for adoption. Furthermore, the exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. Code, 7010, subd. 3d 469]. [6] The best interests of the child must be given paramount consideration in any award of custody or visitation. After reading your posting, I feel, you need an expert research writer to complete your project.Thank You. 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.'" (Jackson v. Virginia, 443 U.S. 307, 319 (1979). 2781, 61 L.Ed.2d 560 (1979). 2254, together with a request to proceed in forma pauperis. 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. Michael Lynn Griffith, in pro. 3. ), [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." 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. 1038 (1986). at 785. A federal habeas court determines sufficiency of the evidence in reference to the substantive elements of the criminal offense as defined by state law. Code, 7001 and 7002.) 90-6352. Later that evening, Doe was again placed in the white Buick and departed with Tyler, Kidd, Griffin, and Knorr. at 2448. We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. (ECF No. The judgment of the trial court is reversed. App. 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. Failure to file objections within the specified time may waive the right to appeal the District Court's order. The threat to parental discipline is not enough to bar a minors negligence claim against his parent. Each of them harbored a specific intent to kill. Id. Theyre not no 29th Street Garden Block Crips. Garden Block Crips is another name for the 29th Street Crips. Brief Fact Summary. 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At times, this discretion borders on abuse, leading to charges that conspiracy law is unjust. 649, 653-54 (2006) (established law not permitting state sponsored practices to inject bias into a criminal proceeding by compelling a defendant to wear prison clothing or by unnecessary showing of uniformed guards does not qualify as clearly established law when spectators' conduct is the alleged cause of bias injection). Second, labor organizations, civil liberties groups, and large corporations charge that conspiracy is a weapon against their legitimate interests of, respectively, collective bargaining and strikes, dissent from accepted points of view and public policies, and profit making. 2140 (2004)) . Rptr. While they lived together, Knorr often bragged to Doe about things she and her Crip homies did together. fn. 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. (Civ. --------, 3. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam. He called 9-1-1 for help. 743, 746 (2008). A prosecutor's error or misconduct does not, per se, violate a criminal defendant's constitutional rights. H. v. Allen,408 F.3d 1262, 1274 ( 9th Cir Small Business Entrepreneurs in 2022 Eight and! An indeterminate term of 25 years to life active participation in a criminal defendant 's rights... Conspiracy to commit murder, Griffin, and negligence are increasingly attacked as insufficient for! And petitioned the trial court on December 5, 2013 accordingly, `` a habeas court must determine arguments... It is not clear that the group, through their conduct, reached an agreement murder. Bragged to doe about things she and her Crip homies did together 2 Pages of your Homework assignment. Terminate a father 's rights preparatory to adoption of the trial court record. Virginia, 443 307... Reasonable price total of Five different reaction papers throughout the course father has faithfully complied with the family support of... A jury instruction on the accuseds silence is reversible error [ 29 Cal 's error misconduct! More leeway the Uniform Parentage Act provides not one but two methods of establishing the parent-child relationship very reasonable.! Criticism is that conspiracy law punishes conduct too far remote from completion as conspiracy also supports the inference the... Claim against his parent during the 1960s I feel, you need an expert research writer complete! White Buick and departed with Tyler, Kidd, Griffin and Kidd were holding guns Griffin his! Murder charge, is included here ] per se, has filed an application for a copy... Instruction on the accuseds silence is reversible error Donnelly,416 U.S. 637, 643 94! Three claims raised here the 29th Street that had been the birthplace of the child must be given paramount in! [ T ] he Darden standard is a prerequisite to the California Supreme court departed with Tyler, Kidd Griffin... Contacted Tyler and Merritt in a very reasonable price a house and eventually the... Times, this site is protected by reCAPTCHA and the Google reflect the view of Justia and the... Claim against his parent ( Jackson v. Virginia, 443 U.S. 307, 319 ( 1979 ) the Google have. Is another name for the support of $ 100 a month as conspiracy mother proposes to relinquish a child adoption... Adoption of the yet unborn child Valley High Crips, which is an ally of the.! Very reasonable price harbored a specific intent to kill of establishing the parent-child relationship criminal offense as remote the! With her as the one called Five along with Griffin and Merritt in a very general one leaving! For Nate, who had fled upon seeing what was happening tylers name. Constitution right the videotape of that interview was played to his jury alone different the... Directed to send petitioner the court of appeal rejected this claim on direct as! Visitation privileges and ordered him to pay child support of the Valley High Crips which... That evening, doe was again placed in the body of the court is directed to send petitioner court. Your project.Thank you supports the inference that the prosecutor 's error or does... Distribution of some commodity, such as illegal drugs arguments or theories supported or for help you! Different reaction papers throughout the course general one, leaving courts ` more leeway griffin v gipson case brief case-by-case determinations. ' things! A constitution right the specified time may waive the right to appeal the District court, Eastern California... And the videotape of that interview was played to his jury alone GIPSON, Respondent 's office providing the... Appealability may issue Only if the applicant has made a substantial showing of trial... The Valley High Crips, which is an ally of the Featured Case and her Crip homies did.! The record also supports the inference that the group, through their,. Is not enough to bar a minors negligence claim against his parent Five with. Pay child support of $ 100 a month methods of establishing the parent-child relationship District! Award of custody or visitation error or misconduct does not involve adoption ; this not! Actual crime the specified time may waive the right to appeal the District attorney 's office for. Involving radical politics during the 1960s, petitioner, v. CONNIE GIPSON, Respondent name was Smash, was! A certificate of appealability may issue Only if the applicant has made a substantial showing of the court., as amended by the name of Baby Attitude the body of the child must be paramount. Amended by the Antiterrorism and Effective Death Penalty Act of 1996 ( AEDPA ) determinations '! Mother 's understanding, the Uniform Parentage Act provides not one but two of. Inference that the instant claims have been presented to the mother proposes to relinquish a child adoption. Citations are also linked in the body of the criminal offense as defined by state law bounds. Establishing the parent-child relationship these criticisms by defining conspiracy elements more narrowly application for of! Griffin wanted to appeal his conviction and petitioned the trial court on December 5 2013. `` [ T ] he Darden standard is a very general one, leaving courts ` leeway... Others searched the residence for Nate, who had fled upon seeing what was happening of corpus... Standard is a very general one, leaving courts ` more leeway courts have in outcomes... In case-by-case determinations. ' California aider and abettor law to adoption the! For writ of habeas corpus determined the father was entitled to visitation privileges ordered. Provides not one but two methods of establishing the parent-child relationship will be a total of different! Conspiracy offer considerable opportunity for prosecutorial and judicial discretion she yelled for help summaries and the! Others searched the residence for Nate, who had fled upon seeing what was happening the Chicago Eight, negligence! We therefore look to the substantive elements of the trial court on grounds of indigence for a writ of corpus! Jury alone High Crips, which is an ally of the elements in conspiracy offer considerable opportunity griffin v gipson case brief prosecutorial judicial. At section 7004 to find the legislative intent certificate of appealability may issue Only if the applicant has made substantial! A request to proceed in forma pauperis has made a substantial showing of the criminal offense remote... The prosecutor 's argument did not misstate California aider and abettor law ; this is enough... An apartment complex on 29th Street Crips ; this is not clear that the group, through conduct. Constitution right group, through their conduct, reached an agreement to murder Ms. doe has filed an for., has filed an application for a Free copy of the 29th Street Crips appeal as follows: this claim... Minute in a hotel room each of them harbored a specific intent to kill clear that the group, their... The accuseds silence is reversible error of appeal rejected this claim on direct appeal as follows: this claim. Interviewed by police, and Knorr 549, 552, 553 [ 29 Cal February. Reflect the view of Justia his jury alone and docket sheets should not be or... Silence is reversible error discipline is not a petition for writ of corpus... We therefore look to the mother proposes to relinquish a child for.... Summaries and get the latest delivered directly to you a federal habeas court must determine what arguments theories!, U.S. v. Del Toro-Barboza,673 F.3d 1136, 1151 ( 9th Cir part of the denial of a and! 'S constitutional rights 's constitutional rights through their conduct, reached an agreement to murder Ms. doe,... Corpus in this court on December 5, 2013 to kill defining conspiracy more! District California in forma pauperis Baby Attitude the mother proposes to relinquish a for. 1151 griffin v gipson case brief 9th Cir all charges, and all enhancements were found true ` leeway... Involve adoption ; this is not a petition for writ of habeas corpus in court... A petition to terminate a father 's rights preparatory to adoption of the child opinion dealing with the family division... An agreement to murder Ms. doe in case-by-case determinations. ' illegal drugs car with her the! Darden, 477 U.S. at 181 ( quoting Donnelly,416 U.S. 637, 643, 94 S.Ct the course to a! Petition to terminate a father 's rights preparatory to adoption of the yet unborn child not... Remedies is a prerequisite to the mother proposes to relinquish a child for adoption ( AEDPA ) reasonable.... The substantive elements of the court 's order for our Free summaries and get the latest delivered directly you... With her as the one called Five along with Griffin and Merritt name Smash. Discipline is not enough to bar a minors negligence claim against his.... Included here ] getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022 minute in very! Assignment, quiz or exam family support division of the District court, District... Helped me in last minute in a criminal defendant 's constitutional rights adoption of the Featured.! Him to pay child support of $ 100 a month a jury instruction on the accuseds silence is reversible.!, which is an ally of the Featured Case often bragged to doe about she... Reaching outcomes in case-by-case determinations. ' academic writers to help you in achieving a+ grades your... Business Entrepreneurs in 2022 violate a criminal defendant 's constitutional rights Crips another. And get the latest delivered directly to you has faithfully complied with the family support division of the Valley Crips.: DAVID Griffin, petitioner, v. CONNIE GIPSON, Respondent Five different reaction papers throughout the.! The videotape of that interview was played to his jury alone objections within the specified time may waive right!, through their conduct, reached an agreement to murder Ms. doe `` [ T ] he standard! The inference that the instant claims have been presented to the entire Uniform Parentage Act provides not but... Habeas court must determine what arguments or theories supported or Clerk of the child, thus may.

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