Garbutt v. Conway
2012 U.S. App. LEXIS 2557
2d Cir.2012Background
- Milton Garbutt lived intermittently with Barbara Blanchard, with whom he had a troubled romantic relationship.
- Blanchard ended the relationship in 1999 and Garbutt sought to contact her afterward.
- Garbutt confronted Blanchard and her daughter Tolbert at a bus stop, armed with an eight-inch knife.
- A struggle occurred; Garbutt stabbed Blanchard and Tolbert’s jacket was injured; Blanchard died from her wounds.
- Garbutt was convicted of depraved indifference murder under NY Penal Law § 125.25(2)，and acquitted of intentional murder.
- The district court denied Garbutt’s habeas petition challenging the sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports depraved indifference murder | Garbutt argues the evidence shows intentional killing, not depraved indifference. | Garbutt contends the state appellate decision correctly found the evidence sufficient for depraved indifference. | Yes; sufficient in light of a reasonable jury could find recklessness manifesting depraved indifference. |
| Preservation and federal review of an unpreserved claim | Appellate Division erred by not addressing the unpreserved claim on the merits. | State court ruling on unpreserved claim should stand unless miscarriage of justice shown. | No fundamental miscarriage; review deferential; claim not warranting habeas reversal. |
Key Cases Cited
- People v. Hafeez, 100 N.Y.2d 253 (N.Y. 2003) (distinguishes deliberate, planned vs. impulsive attacks in depraved-indifference analysis)
- People v. Payne, 3 N.Y.3d 266 (N.Y. 2004) (states framework for depraved indifference, evolving case law)
- People v. Gonzalez, 1 N.Y.3d 464 (N.Y. 2004) (further development of recklessness standard under depraved indifference)
- People v. Suarez, 6 N.Y.3d 202 (N.Y. 2005) (expands depraved-indifference doctrine)
- People v. Feingold, 7 N.Y.3d 288 (N.Y. 2006) (continues state-law interpretation of culpable state of mind)
- Rivera v. Cuomo, 664 F.3d 20 (2d Cir. 2011) (federal review of sufficiency with deference to state decisions)
- Policano v. Herbert, 507 F.3d 111 (2d Cir. 2007) (double deference standard for habeas evidence review)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence in criminal trials)
- Williams v. Taylor, 529 U.S. 362 (U.S. 2000) (necessity of deference to state-court factual determinations)
- Cavazos v. Smith, 132 S. Ct. 2 (U.S. 2011) (application of AEDPA deference in habeas review)
- Harris v. Reed, 489 U.S. 255 (U.S. 1989) (fundamental miscarriage of justice standard for procedural default)