Legal Opinion
David Policano v. Victor T. Herbert
Court of Appeals for the Second Circuit
Decided November 15, 2005No. Docket 04-5518-PRPublishedCited by 30 opinions
1Opinion of the Court
SACK, Circuit Judge.
On January 21, 1997, during a fight, Terry Phillips struck the petitioner, David Policano, in the face with a metal pipe. Policano required fifteen stitches and was hospitalized. While in the hospital, Polica-no told a police officer that he would “take care of this” himself. Six days later, Poli-cano approached Phillips at a bus stop and shot him at close range, three times in the head and neck and once in the leg, killing him.
Policano was identified by an eyewitness as the perpetrator. He, was apprehended and charged with alternative counts of depraved-indifference…
2Cases cited21 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Williams v. TaylorSupreme Court of the United States · 2000
- Joseph Fama v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- People v. PayneNew York Court of Appeals · 2004
- People v. GallagherNew York Court of Appeals · 1987
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- People v. SuarezNew York Court of Appeals · 2005
- Murden v. ArtuzCourt of Appeals for the Second Circuit · 2007
- Policano v. HerbertNew York Court of Appeals · 2006
- Anthony Disimone, Petitioner-Appellee-Cross-Appellant v. William E. Phillips, Eliot L. Spitzer, Respondents-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 2006
- Luurtsema v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
25 more not listed; retrieve them via the Exa API.