Legal Opinion
Gary Thibodeau v. Leonard Portuondo
Court of Appeals for the Second Circuit
Decided May 11, 2007No. Docket 05-0149-prPublishedCited by 81 opinions
1Opinion of the Court
SOTOMAYOR, Circuit Judge.
Petitioner-appellant Gary Thibodeau appeals from a judgment of the United States District Court for the Northern District of New York (McAvoy, J.), denying and dismissing his petition for a writ of habeas corpus, which challenged New York’s first-degree kidnapping statute, N.Y. Penal Law § 135.25(3) (“section 135.25(3)”), as unconstitutionally vague under the Fourteenth Amendment’s Due Process Clause. Thibodeau argues that the law, for which a conviction requires a jury to find that an abducted person died during the abduction or before he or she could return or be…
2Cases cited26 opinions
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- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
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3Cited by81 opinions
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