Legal Opinion
Mario R. Liberta v. Walter R. Kelly, Superintendent, Attica Correctional Facility
Court of Appeals for the Second Circuit
Decided February 9, 1988No. 185, Docket 87-2199PublishedCited by 17 opinions
1Opinion of the Court
WINTER, Circuit Judge:
A jury in the Supreme Court of New York for Erie County convicted Mario R. Liberta of forcibly raping and sodomizing his estranged wife in violation of N.Y. Penal Law §§ 130.35(1) and 130.50(1) (McKinney 1987). The rape statute, N.Y. Penal Law § 130.35, provided that only men could be convicted of rape. In addition, although both the rape and sodomy statutes exempted from criminal liability individuals committing forcible sexual acts upon their spouses, Liberta was considered unmarried under the statutes because he had been ordered by a family court to live apart from…
2Cases cited19 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Mississippi University for Women v. HoganSupreme Court of the United States · 1982
- Rinaldi v. YeagerSupreme Court of the United States · 1966
- Tigner v. TexasSupreme Court of the United States · 1940
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Clarkson v. CoughlinDistrict Court, S.D. New York · 1995
- Portalatin v. GrahamCourt of Appeals for the Second Circuit · 2010
- Buzzetti v. City of New YorkCourt of Appeals for the Second Circuit · 1998
- Einaugler v. Supreme Court of State of New YorkCourt of Appeals for the Second Circuit · 1997
- State v. PetersDistrict Court of Appeal of Florida · 1988
12 more not listed; retrieve them via the Exa API.