Legal Opinion
Epps v. Poole
Court of Appeals for the Second Circuit
Decided June 21, 2012No. Docket 10-2206-prPublishedCited by 55 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
This is the fourth in a series of recent cases to come before us challenging New York State second-degree murder convictions on grounds that the evidence presented to the jury could support only a conviction for intentional murder under N.Y. Penal Law § 125.25(1), and not “depraved indifference” murder under § 125.25(2). 1 See Garbutt v. Conway, 668 F.3d 79 (2d Cir.2012); Parker v. Ercole, 666 F.3d 830 (2d Cir.2012); Rivera v. Cuomo, 664 F.3d 20 (2d Cir.2011). In each of these cases, the petitioner advanced the somewhat perverse argument that he should be…
2Cases cited25 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Clay v. United StatesSupreme Court of the United States · 2003
- People v. SuarezNew York Court of Appeals · 2005
- People v. RegisterNew York Court of Appeals · 1983
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3Cited by55 opinions
- Waiters v. LeeCourt of Appeals for the Second Circuit · 2017
- Cardoza v. RockCourt of Appeals for the Second Circuit · 2013
- Gutierrez v. SmithCourt of Appeals for the Second Circuit · 2012
- Willinghan v. Town of StoningtonDistrict Court, D. Maine · 2012
- Santiago v. LaclairCourt of Appeals for the Second Circuit · 2014
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