Legal Opinion

Fernandez v. Smith

District Court, S.D. New York

Decided June 5, 2008No. 07 Civ. 6310(DC)PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CHIN, District Judge.

In the early hours of June 30, 2001, petitioner Christopher Fernandez’s cousin was involved in a confrontation with a group of young men. Fernandez arrived on the scene in a car, and the members of the group ran off. The cousin got into the vehicle, and Fernandez and his cousin saw one of the young men, Anthony Santiago, in the street. They drove after him. The cousin jumped out and started attacking him. Within moments, Fernandez joined the attack, and he hit Santiago in the head four or five times with an object, apparently a flashlight. Santiago died later that…

2Cases cited64 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Wainwright v. SykesSupreme Court of the United States · 1977

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3Cited by6 opinions

  1. Gutierrez v. SmithCourt of Appeals for the Second Circuit · 2012
  2. Petronio v. WalshDistrict Court, E.D. New York · 2010
  3. Soto v. ConwayDistrict Court, E.D. New York · 2008
  4. Melendez v. KirkpatrickDistrict Court, W.D. New York · 2010
  5. Gutierrez v. SmithCourt of Appeals for the Second Circuit · 2012

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