Legal Opinion
Diaz v. LeFevre
District Court, S.D. New York
Decided June 23, 1988No. 87 Civ. 1200 (MEL)PublishedCited by 9 opinions
1Opinion of the Court
LASKER, District Judge.
Oswaldo Diaz, currently in the custody of the New York State Department of Correctional Services, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He contends that during his trial, his constitutional rights to due process and a fair trial and his privilege against self-incrimination were violated, and that his sentence violated the Eighth Amendment prohibition against cruel and unusual punishment. The petition is denied.
Oswaldo Diaz was found guilty, on March 10, 1977, of two counts of second degree murder — intentional and felony murder — and was…
2Cases cited18 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Solem v. HelmSupreme Court of the United States · 1983
- Rummel v. EstelleSupreme Court of the United States · 1980
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- King v. CunninghamDistrict Court, S.D. New York · 2006
- Thomas v. SenkowskiDistrict Court, S.D. New York · 1997
- Alvarez v. ScullyDistrict Court, S.D. New York · 1993
- Chisholm v. HendersonDistrict Court, E.D. New York · 1990
- Thomas v. GreinerDistrict Court, S.D. New York · 2000
4 more not listed; retrieve them via the Exa API.