Legal Opinion
Fernandez v. Dufrain
District Court, S.D. New York
Decided June 30, 1998No. 97 CIV. 5995 LAK AJPPublishedCited by 10 opinions
1Opinion of the Court
ORDER
KAPLAN, District Judge.
Petitioner Julio Fernandez is before this Court on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Fernandez asserts that his conviction for attempted second degree murder is constitutionally infirm because (1) the issue of his intent to kill was submitted to the jury on a theory of transferred intent and (2) the jury’s finding of intent to kill was not supported by sufficient evidence. For the reasons set forth below, Fernandez’s motion is denied.
A short recitation of the underlying facts is in order. On August 2, 1990, at approximately 2:00…
2Cases cited38 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Estelle v. McGuireSupreme Court of the United States · 1991
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Schad v. ArizonaSupreme Court of the United States · 1991
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3Cited by10 opinions
- Roldan v. ArtuzDistrict Court, S.D. New York · 2000
- Franza v. StinsonDistrict Court, S.D. New York · 1999
- Jones v. DuncanDistrict Court, S.D. New York · 2001
- Avincola v. StinsonDistrict Court, S.D. New York · 1999
- Noble v. KellyDistrict Court, S.D. New York · 2000
5 more not listed; retrieve them via the Exa API.