Legal Opinion

Flores v. Demskie

District Court, S.D. New York

Decided May 19, 1998No. 96 Civ. 2891(MBM)PublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

MUKASEY, District Judge.

However true it may be that, as the judicial bromide has it, hard cases make bad law, 1 it is truer still that bad law makes hard cases, this is one of them.

As set forth in greater detail below, the petitioner in this case, Rafael Flores, was convicted in Supreme Court, Bronx County, of sodomy in the first degree in violation of New York Penal Law § 130.50[1], “arising out of his deviate sexual intercourse with a six-year-old boy who lived in [his] apartment building.” People v. Flores, 84 N.Y.2d 184, 186, 615 N.Y.S.2d 662, 689 N.E.2d 19 (1994). At…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Thomas v. ArnSupreme Court of the United States · 1986
  3. Lindh v. MurphySupreme Court of the United States · 1997
  4. Lockhart v. FretwellSupreme Court of the United States · 1993
  5. Michel v. LouisianaSupreme Court of the United States · 1956

28 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Rafael Flores v. Joseph Demskie, Superintendent of Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 2000
  2. People v. WindleyAppellate Division of the Supreme Court of the State of New York · 2010
  3. Dixon v. MillerDistrict Court, E.D. New York · 1999
  4. James Richards v. Mississippi Department of Public Safety;Court of Appeals of Mississippi · 2020
  5. Rafael Flores v. Joseph Demskie, Superintendent of Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 2000

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