Legal Opinion

Baptiste v. Ercole

District Court, N.D. New York

Decided January 21, 2011No. 7:08-cr-00728PublishedCited by 7 opinions

1Opinion of the Court

DECISION AND ORDER

Hon. THOMAS J. McAVOY, Senior District Judge.

Petitioner Malcolm Baptiste is an inmate in the custody of the New York Department of Correctional Services (“DOCS”). He was convicted by a jury in Schenectady County Court of two counts of second degree murder (N.Y. Penal Law § 125.25(2)) and second degree criminal possession of a weapon (N.Y. Penal Law § 265.03) and was sentenced to serve an aggregate term of fifty years to life in prison. Dkt. No. 1 at 2.

Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that: (1) the evidence was insufficient…

2Cases cited89 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Williams v. TaylorSupreme Court of the United States · 2000
  5. Estelle v. McGuireSupreme Court of the United States · 1991

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3Cited by7 opinions

  1. Hughes v. SheahanDistrict Court, N.D. New York · 2018
  2. Pine v. Superintendent, Green Haven Correctional FacilityDistrict Court, N.D. New York · 2015
  3. People v. WilkensAppellate Division of the Supreme Court of the State of New York · 2015
  4. Fox v. MartuscelloDistrict Court, E.D. New York · 2019
  5. Pellis v. Superintendent, Willard Drug Treatment FacilityDistrict Court, W.D. New York · 2022

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