U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Ortiz v. N.Y.S. Parole in Bronx, No. 07-2299

In a petition for habeas relief from petitioner's convictions for first degree riot and second degree assault under New York law, denial of the petition is affirmed where the New York courts' rejection of petitioner's due process claim and, specifically, his contention that the law did not make it reasonably clear at the relevant time that his conduct was criminal, was not an unreasonable application of clearly established federal law.

Read Ortiz v. N.Y.S. Parole in Bronx, No. 07-2299

Appellate Information

Argued: April 20, 2009

Decided: November 10, 2009


Opinion by Judge Livingston


For Appellant:

Susan D. Fitzpatrick, Law Offices of Susan D. Fitzpatrick, Esq., Red Hook, NY

For Appellee:

Jodi A. Danzig, Assistant Attorney General, New York, NY