Legal Opinion
Garcia v. Portuondo
District Court, S.D. New York
Decided September 13, 2004No. 02 Civ.2312 LAKPublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Petitioner Jose Garcia is before this Court on a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He argues that his constitutional rights were violated by the failure of the government to turn over Brady materials and by ineffective assistance of counsel. Respondents have moved to dismiss the petition as untimely. Petitioner does not dispute that his petition was filed outside the one year limitations period, but argues that habeas relief is not foreclosed because he is actually innocent of the crime.
In a report and…
2Cases cited46 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
41 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Rivas v. FischerCourt of Appeals for the Second Circuit · 2012
- Garcia v. PortuondoDistrict Court, S.D. New York · 2006
- Lisker v. KnowlesDistrict Court, C.D. California · 2006
- Bryant v. ThomasDistrict Court, S.D. New York · 2017
- Coleman v. AllisonDistrict Court, C.D. California · 2015
29 more not listed; retrieve them via the Exa API.