David Griffin (Petitioner) is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 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. He was also convicted of active participation in a criminal street gang. Petitioner was sentenced to a prison term of 19 years 8 months, plus 65 years to life. 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. Upon careful consideration of the record and the applicable law, the undersigned [U.S. Magistrate Judge Gregory G. Hollows] will recommend that petitioner’s application for habeas corpus relief be denied. [This case excerpt includes only the parts dealing with “conspiracy to commit murder.”]

Facts

Defendants 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. Tyler’s 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. His gang name was “Five.” Defendant Kimberly Knorr was an “associate” of the 29th Street Crips who was in a dating relationship with Kidd. Her gang name was “Lady Five....”

1. List the four elements of conspiracy to commit murder.

2. List all the facts relevant to the four elements.

3. Summarize the magistrate’s arguments to support the finding that Griffin and others conspired to murder Destiny Doe.

4. Summarize Griffin’s argument that there’s reasonable doubt that he conspired to murder Doe.

5. In your opinion, did Griffin conspire to murder Doe? Did he attempt to murder her? Back up your answer.