Legal Opinion
Gutierrez v. Smith
Court of Appeals for the Second Circuit
Decided December 11, 2012No. Docket 10-4478-prPublishedCited by 57 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
During a bar brawl, Petitioner-Appellant Omar Gutierrez fatally stabbed John Villaplana in the chest. Gutierrez was convicted of depraved indifference murder under New York Penal Law § 125.25(2), and sentenced to twenty-five years to life in prison. After the Appellate Division affirmed Gutierrez’s conviction and his application for leave to appeal to the New York Court of Appeals was denied, Gutierrez filed a timely petition for a writ of habeas corpus in the United States District Court for the Eastern District of New York. In his petition, Gutierrez argued, inter…
2Cases cited44 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- United States v. FradySupreme Court of the United States · 1982
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3Cited by57 opinions
- Munn Ex Rel. C.M. v. Hotchkiss SchoolCourt of Appeals for the Second Circuit · 2015
- Taylor v. ConnellyDistrict Court, E.D. New York · 2014
- Valls v. Allstate Ins. Co.Court of Appeals for the Second Circuit · 2019
- United States v. DeanDistrict Court, D. Oregon · 2016
- United States v. Tyronne Pollard, Jr.Court of Appeals for the Ninth Circuit · 2021
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