I used to be a voracious Law & Order fan, until I actually started practicing criminal law. Nevertheless, Second Circuit decision from yesterday should form the basis of an upcoming episode. In Policano v. Herbert, the court affirmed a lower court's grant of habeas relief on behalf of a guy convicted of "depraved-indifference murder under NY Penal Law section 125.25(2)." The problem with the conviction is that the defendant argued at trial (and apparently proved?) that he didn't kill the victim due to "depraved indifference," but because he did so intentionally. The two charges, in NY at least, are separate and mutually exclusive. Therefore, proof of one will not support a conviction for the other. That's a hell of a defense.
Wednesday, November 16, 2005
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