Legal Opinion
Garcia v. Portuondo
District Court, S.D. New York
Decided December 21, 2006No. 02 Civ. 2312(LAK)PublishedCited by 13 opinions
1Opinion of the Court
OPINION
KAPLAN, District Judge.
Petitioner Jose Garcia was convicted in New York Supreme Court, Bronx County, in 1993 for the second-degree murder of Cesar Vasquez and sentenced principally to a term of imprisonment of 25 years to life. The conviction was affirmed by the First Department, and leave to appeal to the Court of Appeals was denied, 1 as were motions in the state court for post-conviction relief. 2 Garcia now seeks a writ of habeas corpus, contending that he (a) received ineffective assistance of counsel at trial, and (b) actually is innocent of the crime of which he was convicted.…
2Cases cited47 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Schlup v. DeloSupreme Court of the United States · 1995
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Herrera v. CollinsSupreme Court of the United States · 1993
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3Cited by13 opinions
- Lopez v. MillerDistrict Court, E.D. New York · 2013
- Rosario v. ErcoleDistrict Court, S.D. New York · 2008
- Zimmerman v. BurgeDistrict Court, E.D. New York · 2007
- Young v. ConwayDistrict Court, W.D. New York · 2011
- Green v. LeeDistrict Court, E.D. New York · 2013
8 more not listed; retrieve them via the Exa API.