Legal Opinion
Garbutt v. Conway
Court of Appeals for the Second Circuit
Decided February 9, 2012No. Docket 10-1039-prPublishedCited by 72 opinions
1Per curiam
Petitioner-appellant Milton Garbutt was convicted in New York state court of second-degree murder on a theory of depraved indifference to human life in violation of New York Penal Law § 125.25[2], He appeals the judgment of the United States District Court for the Southern District of New York (Sidney H. Stein, J.) denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Garbutt contends that the evidence was insufficient to support his conviction, arguing that the killing could only properly have been found to have been intentional, and not reckless as required under New York…
2Cases cited16 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Williams v. TaylorSupreme Court of the United States · 2000
- Harris v. ReedSupreme Court of the United States · 1989
- Cavazos v. SmithSupreme Court of the United States · 2011
- People v. SuarezNew York Court of Appeals · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Gutierrez v. SmithCourt of Appeals for the Second Circuit · 2012
- Epps v. PooleCourt of Appeals for the Second Circuit · 2012
- Silva v. KeyserDistrict Court, S.D. New York · 2017
- Hughes v. SheahanDistrict Court, N.D. New York · 2018
- United States v. WasylyshynCourt of Appeals for the Second Circuit · 2020
67 more not listed; retrieve them via the Exa API.