Legal Opinion

Ortiz v. Artuz

District Court, E.D. New York

Decided September 8, 2000No. 97 CV 2261(NG)PublishedCited by 11 opinions

1Opinion of the Court

ORDER

GERSHON, District Judge.

Petitioner Byron Ortiz seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner, along with his code-fendant Danny Torres, was convicted on February 24, 1993 after a jury trial of Murder in the Second Degree (depraved indifference) (N.Y.Penal Law § 125.25[2]) and Criminal Possession of a Weapon in the Second Degree (N.Y.Penal Law § 265.03). Both he and Torres were acquitted of intentional murder. The victim was Danny Rojas, who was shot in the head from a passing car while standing on a sidewalk with a group of people. Petitioner was sentenced to…

2Cases cited35 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Miranda v. ArizonaSupreme Court of the United States · 1966
  4. Estelle v. McGuireSupreme Court of the United States · 1991
  5. Brecht v. AbrahamsonSupreme Court of the United States · 1993

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3Cited by11 opinions

  1. Edwards v. FischerDistrict Court, S.D. New York · 2006
  2. Valtin v. HollinsDistrict Court, S.D. New York · 2003
  3. Fong v. PooleDistrict Court, S.D. New York · 2007
  4. Angeles v. GreinerDistrict Court, E.D. New York · 2003
  5. Mills v. GirdichDistrict Court, W.D. New York · 2009

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