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Judge Refuses to Release Eric Garner Grand Jury Minutes
The New York Times reported this morning that a Staten Island judge has refused to release the minutes from the Eric Garner Grand Jury Proceeding. This is not even remotely surprising. Generally speaking, Grand Jury minutes are rarely released. The concept of Grand Jury secrecy…
Robert Durst Confession
Watching “the Jinx” on HBO was certainly on my list of things to do. Indeed, I knew about the story and I wanted to see it, but I kept putting it off for when I had more time. Then over the course of this weekend,…
How Does The Grand Jury Work In New York?
The Michael Brown and Eric Garner cases have gotten a lot of attention lately. And because in both instances the grand jury failed to indict, the grand jury system has also gotten a lot of attention. It seems like the process itself has come under…
Criminal Liability For Another’s Actions
Suppose three people named Adam, Brian, and Charlie decide to rob a bank. They devise a plan in which Adam is going to go in first and announce that a robbery is occurring. The plan is for him to take out a gun and to…
When Is A Police Officer Allowed To Use Deadly Force?
There is obviously a lot of talk in the media lately regarding whether Police Officer Darren Wilson was legally justified in killing Michael Brown. In addition, Akai Gurley was fatally shot by a police officer in Brooklyn a few days ago. People tend to get…
How Does Law Enforcement Determine Your Blood Alcohol Content?
Suppose a person has a few glasses of wine with dinner and then drives home. Right before getting home, he turns onto his block without signaling. A police officer then pulls him over and detects an odor of alcohol coming from his breath. The officer…
Gigi Jordan And Extreme Emotional Disturbance
Gigi Jordan, a multimillion-dollar pharmaceutical executive, was found guilty of Manslaughter earlier this week. In 2010 she killed her autistic son by jamming a cocktail of drugs and alcohol down his throat. She was charged with Murder. After a long bout of bizarre litigation with…
NY High Court Strikes Down Queens DA Pre-Arraignment Procedures
The New York Court of Appeals vacated a defendant’s conviction and ordered a new trial in People v. Dunbar. They ruled that the statements made by the defendant should have been suppressed because the pre-Miranda statements by the Queens District Attorney’s Office to the defendant…
“Defense” of Intoxication
Suppose a person goes out for a night of heavy drinking. After the 10 or 11th shot, he blacks out. He then wakes up the next morning in a jail cell. He has absolutely no idea where he is or what is going on. He…
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