Second Circuit — Depraved Indifference: Parker v. Ercole 
By Daily Record Staff
POSTED: January 24, 2012
Tags: depraved indifference, ineffective assistance, sufficiency of evidence, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit
Depraved Indifference
Sufficiency of Evidence — Ineffective Assistance
Parker v. Ercole
10-2510-cv
Judges Kearse, McLaughlin and Cabranes
Background: The plaintiff, an inmate in the custody of the New York Department of Correctional Services, was convicted of second-degree murder. He appealed the denial of his petition for a writ of habeas corpus. He argued [...]
Fourth Department — Murder: People v. Barboni
By Daily Record Staff
POSTED: January 1, 2012
Tags: Appellate Division, depraved indifference, Fourth Department, murder
Appellate Division, Fourth Department
Murder
Depraved Indifference
People v. Barboni
KA 09-02360
Appealed from Oswego County Court
Background: The defendant was convicted of depraved indifference murder and manslaughter. After picking up the child, 15 months old, he later called the child’s mother and informed her that the child was not breathing. She arrived and found the child blue. The child’s suffering [...]
Second Circuit — Depraved Indifference: Rivera v. Cuomo
By Daily Record Staff
POSTED: December 26, 2011
Tags: Deference to State Courts, depraved indifference, u.s. court of appeals for the second circuit, ‘Habeas Corpus’
U.S. Court of Appeals for the Second Circuit
Depraved Indifference
‘Habeas Corpus’ — Deference to State Courts
Rivera v. Cuomo
10-224-pr
Judges McLaughlin, Pooler and ParkerMedia
Background: The petitioner appealed from a judgment denying his petition for a writ of habeas corpus. He had been convicted after a jury trial of murder in the second degree arising out of the death of his [...]
Depraved Indifference: Mannix v. Phillips
By Daily Record Staff
POSTED: August 31, 2010
Tags: depraved indifference, Second Circuit, U.S. Court of Appeals, void-for-vagueness doctrine
U.S. Court of Appeals, Second Circuit
Depraved Indifference
Void-for-Vagueness Doctrine
Mannix v. Phillips
07-0664-pr
Appealed from the Southern District of New York
Background: Petitioners John Mannix and Jermaine Archer, appealing from respective judgments of the Eastern and Southern Districts of New York, contend that, at the time each of their convictions became final, New York’s depraved indifference murder statute, N.Y. Penal [...]
Depraved Indifference: People v. Valencia
By Daily Record Staff
POSTED: June 18, 2010
Tags: depraved indifference, evidence, New York State Court of Appeals
New York State Court of Appeals
Depraved Indifference
Evidence
People v. Valencia
No. 99
Appealed from the Second Department
Background: The defendant’s blood alcohol level was about three times the legal limit when he drove at night in the wrong direction on a Long Island road at a high rate of speed. He continued on the course, despite attempts by oncoming [...]
