Tuesday, December 11, 2012

Second Circuit -- Gutierrez v. Smith

Change in the elements of the statute gives petitioner sufficient 'cause' for habeas, given lack of contemporaneous objection.

Sufficient unto the case was the evidence thereof.

No certification of question, given burden on NY courts.

Gutierrez v. Smith
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.