Griffin further points out that Does testimony was uncertain as to who actually shot at her. We therefore look to the entire Uniform Parentage Act, not narrowly at section 7004 to find the legislative intent. Id. 2:11-1358 JKS. At times, this discretion borders on abuse, leading to charges that conspiracy law is unjust. In sum, the state court decision was not contrary to, or an unreasonable application of, clearly established federal law. The conspiracy to commit murder in California requires prosecutors to prove four elements beyond a reasonable doubt: 1. 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. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. According to Tyler, that was the last time he saw Doe. By its express language it deals with the rights of a "presumed father" under Civil Code section 7004, subdivision (a). 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." Indeed, in beginning her rebuttal argument, the prosecutor explained that "the party that has the burden of proof speaks first and is allowed to have to opportunity to make a rebuttal argument to a jury." 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. 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 . 132].). The major premise of the act is to provide for substantive equality of children regardless of the marital status of the parents. Not often mentioned, but extremely important, is that intense media attention to conspiracy trials can lead to abuse. 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. 2:13-cv-02516-MCE-GGH (2015). S. No. Id. 2:2013cv02516 - Document 20 (E.D. There will be a total of five different reaction papers throughout the course. . at 679. App. 28 U.S.C. Get First 2 Pages Of Your Homework Absolutely Free! James sued Robert for negligence. Petitioner's characterization of the prosecutor's statements regarding Ms. Doe crying on the witness stand as an invitation of guilt is another way of stating that the prosecution improperly shifted the burden of proof by calling Miss Doe a victim. 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 this second step, we must reverse the verdict if the evidence of innocence, or lack of evidence of guilt, is such that all rational fact finders would have to conclude that the evidence of guilt fails to establish every element of the crime beyond a reasonable doubt. 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. at 784-85, citing Harris v. Reed,489 U.S. 255, 265, 109 S.Ct. After a while, Doe started hearing gunshots. An unemancipated minor can sustain a negligence action against a parent. 3d 468] with his son. Connie Gipson, Respondent, represented by Kevin Lee Quade , California Department Of Justice. ]), 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]). Petitioner and Kidd exited the car and told Ms. Doe to get out and walk home, pointing towards the field. Several states have made efforts to overcome these criticisms by defining conspiracy elements more narrowly. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; Laws & Regs; . ), Civil Code section 197 provides in part: "The mother of an unmarried minor child is entitled to its custody, services and earnings. Doe dropped Knorr off at a gas station on the corner of Fruitridge and Franklin Boulevard. Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam. at 681. Tyler also said they should rob Nate. Those states have refined mens rea to include only purposeful conductthat is, a specific intent to carry out the objective of the agreement or combination. 3 RT 806-07. 1881 (1975)). 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." Griffin had previously been convicted of a felony. Citations are also linked in the body of the Featured Case. See Griffin v. Lewis, Civ. Griffin v gipson case brief. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. She testified that she looked back toward the car and saw two men pointing their guns at her. 1244) the "child and parent relationships" extend equally to every child and to every parent regardless of the marital status of the parent. (Id., ECF No. 28 U.S.C. ], "(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and, "(i) With his consent, he is named as the child's father on the child's birth certificate, or, "(ii) He is obligated to support the child under a written voluntary promise or by court order. 3d 479, 489 [134 Cal. 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. The petition does state that petitioner appeal his conviction through the California Supreme Court, but does not specify the claims raised on appeal. 28 U.S.C. Harrington, 131 S.Ct. She also saw bullets hit the ground around her. Relief should be denied on petitioner's prosecutorial misconduct claims. No. After reading your project details, I feel myself as the best option for you to fulfill this project with 100 percent perfection. one or both of them committed an overt act in furtherance of the agreement. 2254(d) does not require a state court to give reasons before its decision can be deemed to have been `adjudicated on the merits.'" 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. --------, 3. (c). 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. See Rule 2(c), Rules Governing 2254 Cases. On November 28, 2012, Griffin filed an untitled document requesting a thirty-day extension to respond. 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. 1, Both parents agree, however, Griffith is in fact the natural father. In order to determine whether misconduct occurred, it is necessary to examine the entire proceedings and place the prosecutor's conduct in context. 2140 (2004)) . A review of the petition for habeas corpus indicates that petitioner may have failed to exhaust state court remedies. See Griffin v. Lewis, Civ. Doe worked as an assistant preschool teacher while also moonlighting as a prostitute for Nates escort service. 122, 544 P.2d 1322].) 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. The total sentence imposed on Griffin was 19 years 8 months, plus 65 years to life. Id. "A state court's interpretation of state law, including one announced on direct appeal of the challenged conviction, binds a federal court sitting in habeas corpus." 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." See, e.g., People v. Cortez,18 Cal.4th 1223, 1229, 77 Cal.Rptr.2d 733, 960 P.2d 537 (1998); People v. Swain,12 Cal.4th 593, 612-13, 49 Cal.Rptr.2d 390, 909 P.2d 994 (1996). In her reply brief and for the first time in these proceedings the mother raises the issue of the "best interests of the child." Petitioner Griffin and others were charged in a multiple-object conspiracy. Her gang name was Lady Five.. 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). The undersigned agrees. 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. 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. fn. 9 RT at 2457, 2460. 743, 746 (2008). 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. 1971) Brief Fact Summary. Petitioner contends that the prosecutor committed misconduct by making disparaging remarks about defense counsel during the rebuttal argument and by misstating the law. Kidd, 2012 WL 243250 at *30. 2012). 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. An unemancipated minor can sustain a negligence action against a parent. [1a] These arguments are without merit. California. Code, 7017, subd. 19 as a motion to extend the time to appeal, this Court extended Griffin's time to file a notice of appeal through December 17, 2012. Contrary to the mother's understanding, the Uniform Parentage Act provides not one but two methods of establishing the parent-child relationship. overheard them saying that Doe had to be "iced." They stopped at another residence briefly and then drove to an area near railroad tracks and an empty field, and Doe was told to get out and start walking in the field, so she did. Nate was also present. at 786-787. 3d 470] construed with reference to the entire statutory system of which it is a part, in such a way that the various elements of the overall scheme are harmonized." 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. Hire Professional Writers And Get Best Homework Writing Services In Any Subject. Ms. Doe also reported to Detective Nutley that petitioner was opposed to hurting or killing Ms. Doe. United States District Court, E.D. She did as directed. 2. Towery v. Schiriro,641 F.3d 300, 306 (9th Cir. 2010) (en banc). App. 2254. He denied kidnapping or shooting anyone. 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. ECF No. His gang name was Five. Defendant Kimberly Knorr was an associate of the 29th Street Crips who was in a dating relationship with Kidd. 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. Receive small business resources and advice about entrepreneurial info, home based business, business franchises and startup opportunities for entrepreneurs. Doe later identified the three in the car with her as the one called Five along with Griffin and Merritt. 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. The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations.'" If any of them fails to appear or, if appearing, fails to claim custodial rights, his parental rights with reference to the child shall be terminated. He denied accompanying the others to the home of A.S. Tyler was the only defendant to testify at trial. The Court of Appeal found that the prosecutor's argument did not misstate California aider and abettor law. 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. 1991) (quoting Donnelly v. DeChristoforo,416 U.S. 637, 643, 94 S.Ct. Tyler claimed he waited in the car while Knorr went inside and that Doe came out with Knorr and departed with them voluntarily. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Furthermore, the asserted misconduct must result in actual, substantial prejudice. She then saw four or five people wearing bandanas enter the bedroom through the window. On February 13, police officers found Griffin in a residence along with a gun and ammunition. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. All statutory references to "legitimacy" and "illegitimacy" are eliminated. The trial court dismissed a negligence action filed by an unemancipated minor against his father. Code, 7010, subd. 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. The state courts need not have cited to federal authority, or even have indicated awareness of federal authority in arriving at their decision. 2781, 61 L.Ed.2d 560 (1979). departed in two cars, a white and a blue Buick. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. at 14.) She argues Civil Code section 7004 establishes the presumptions necessary to create a parent and child relationship. For all the foregoing reasons, the petition should be denied. The question to be resolved is whether the alleged prosecutorial misconduct "`so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" Any amended petition must bear the case number assigned to this action and the title "Amended Petition"; and. The fifth Amendment, as incorporated against the states in the Fourteenth Amendment, forbids comment on the accuseds silence as evidence of guilt. Further, there is no allegation that state court remedies are no longer available to petitioner. 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. 1 at 5); however, petitioner has attached a superior court decision, issued November 14, 2013, denying his petition on the same claims as presented here. The District Court decline to issue a certificate of appealability. The text will be double-spaced and formatted using APA format. Failure to file objections within the specified time may waive the right to appeal the District Courts order. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. A subscription to PACER is required. Examination of the affidavit reveals petitioner is unable to afford th costs of this action. (Id. Tyler then drove them to the residence of A.S. and hung out there for a while. 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). Stanley v. Cullen,633 F.3d 852, 860 (9th Cir. They all stopped at an apartment complex on 29th Street that had been the birthplace of the gang. Meanwhile, Doe had returned to Nates residence and was resting in her room. 2d 1043 (U.S. 1964), Griffin v. California, 1964 U.S. LEXIS 896, 377 U.S. 989, 84 S. Ct. 1926, 12 L. Ed. 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. Id. 1088, 1091 (2013). [7] The transcript of the proceedings of the trial court is part of the record here. Id. Yes. "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." If the mother's contention is accepted, there appears a superficial conflict within Civil Code section 7017, subdivision (d) arising from mandatory words directing the court to determine the father's "parentage" and "custodial" rights when contrasted with the language directing the court to issue its order requiring only the mother's consent to the adoption unless the alleged father is a "presumptive father" under Civil Code section 7004, subdivision (a). 601, 387 P.2d 377].) They pointed guns at her and told her not to say anything. Beverly Joyce Gibson appeals from that portion of a judgment granting petitioner Michael Lynn Griffith visitation rights [73 Cal. 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. Petitioner also contends the prosecutor misstated the law on aider and abettor liability in her closing argument. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. (People ex rel. She helped me in last minute in a very reasonable price. Tyler drove the group to an empty field and parked. 602 (2005), (citing Estelle v. McGuire,502 U.S. 62, 67-68, 112 S.Ct. at 674. . App. I have worked on wide variety of research papers including; Analytical research paper, Argumentative research paper, Interpretative research, experimental research etc. This happened in the conspiracy trials of Dr. Benjamin Spock, the Chicago Eight, and others involving radical politics during the 1960s. 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. Each of the five reaction papers will be approximately two pages in length. 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. 1166 (2003). The father, however, has sent Christmas and birthday cards and gifts over the years and has contacted the child on several occasions by telephone. Section 7004, relied upon by the mother, sets out the factual circumstances which will give rise either to a conclusive presumption of parentage by the male (Evid. 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. [See former Civ. If petitioner's previously filed application for a writ of habeas corpus, filed on May 13, 2011, attacked the same conviction and sentence challenged in this case, the rule is that before petitioner can proceed with the instant application, he must move in the United States Court of Appeals for the Ninth Circuit for an order authorizing the district court to consider the application. Log In Sign Up. The record also supports the inference that the group, through their conduct, reached an agreement to murder Ms. Doe. On habeas corpus review, allegations of prosecutorial misconduct merit relief "only if the misconduct rises to the level of a due process violationnot merely because [the reviewing court] might disapprove of the prosecutor's behavior." Most of these large-scale conspiracies fall into two major patterns: wheel and chain conspiracies. The text of 2254(d) states: As a preliminary matter, the Supreme Court has recently held and reconfirmed "that . 3d 16, 21 [85 Cal. 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. The definitions of agreement or combination (two or more parties combining to commit crimes) are no longer as vague as they once were. 16358. She testified that petitioner and Kidd were holding guns. Id. 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.. Docs. 475 (1991); Mullaney v. Wilbur,421 U.S. 684, 691, 95 S.Ct. The language of these sections, according to its usual, ordinary import, explicitly grants these rights to Mr. Griffith. at 785, citing Williams v. Taylor,529 U.S. 362, 410, 120 S.Ct. (ECF No. Tyler, Griffin and Kidd were convicted on all charges, and all enhancements were found true. Dissent. Rptr. 138].) 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 statutory limitations of federal courts' power to issue habeas corpus relief for persons in state custody is provided by 28 U.S.C. She testified that she looked back toward the car and saw two men pointing their guns at her. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody, services and earnings.". A petitioner must show clearly and convincingly that the factual determination is unreasonable. Failure to file objections within the specified time may waive the right to appeal the District Court's order. 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. 495].) Doe told the man the 29th Street Crips had shot her. Getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. fn. Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's application for habeas corpus relief be denied. The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus. Later that evening, Doe was again placed in the white Buick and departed with Tyler, Kidd, Griffin, and Knorr. The section provides that a child having a "presumed father" may not be adopted without the consent of both parents except in specified circumstances. 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. Id. For conspiracy to commit murder, Griffin received an indeterminate term of 25 years to life. 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). 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.) Knorrs sister, B.K., was dating Tyler at around this time and, on the evening of January 22, was with him at the home of A.S., who was Merritts mother and was known by the gang name of Mama Solo. Also present were A.S., Griffin, Kidd, Merritt, and Merritts brother, L.M., who is known as Baby Solo.. A man came outside, saw Doe and carried her onto the porch. Petitioner appealed after being convicted when the trial judge gave a jury instruction that failure to testify should be construed against him. 1 at 1, No. Early, 537 U.S. at 8, 123 S.Ct. ), In the face of the clear, unmistakable, express language of Civil Code section 7010, subdivision (c) authorizing rights of visitation in Mr. Griffith as a person who has established the parent-child relationship under section 7006, subdivision (c) the mother asserts Civil Code sections 7017 and 197 as amended by the Uniform Parentage Act fn. 474]; In re Reyna, 55 Cal. 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. The findings of the court are silent as to the best interests of the child. UNITED STATES. Sign up for our free summaries and get the latest delivered directly to you. His duties in the military service require his presence in far places and a reluctance on the part of the mother to allow visitation have prevented any direct contact. However, he eventually admitted he went to Nates house, but only to steal something and not to kidnap or shoot anyone. In all other cases, the court shall issue an order providing that only the mother's consent shall be required for adoption of the child." Filing In January 2007, Destiny Doe and Knorr were living at the residence of Nate E. in Sacramento. Griffin (defendant) was convicted in Wisconsin state court of resisting arrest, disorderly conduct, and obstructing an officer. Kidd, 2012 WL 243250 at *32. 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 475]. 1993) (citing Darden v. Wainwright,477 U.S. 168, 181, 106 S.Ct. 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