Gutierrez v. Smith, No. 10-4478 (2d Cir. 2012)Annotate this Case
Petitioner appealed the denial of his petition for a writ of habeas corpus, arguing that the evidence at trial was insufficient to support his conviction for depraved indifference murder under New York law. The court concluded that the district court erred in denying the petition as procedurally barred, but that the merits of the underlying legal insufficiency claim turned on significant and unsettled questions of New York law, which the court certified to the New York Court of Appeals.
The court issued a subsequent related opinion or order on December 11, 2012.