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Univ. of San Diego School of Law

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Wednesday, December 28, 2005

New York High Court Limits Depraved Murder Statute

From New York Law Journal: "In an opinion with the potential to alter dramatically the course of homicide prosecutions, the New York Court of Appeals has greatly restricted the scope of the depraved indifference murder statute. The opinion was drafted to ensure that prosecutors no longer routinely pursue alternate and mutually exclusive theories of intentional and depraved-mind murder. It made clear that the theory should not be used as a "fallback" for a jury unwilling or a prosecutor unable to establish an intentional act of murder." Read More. . . [Mark Godsey]

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