New York University Law School, Real Life New York "depraved Indifference Murder" Law
Q: I _think_ that in all cases in which Ben Stone or Jack McCoy charged
someone with depraved indifference murder that was the only murder
charge on the indictment, meaning (if they were real) that at least
none of their televised cases are going to come back and bite them on
this.
A:On what charge? The jury acquitted on intentional homicide, so double
jeopardy prevents a retrial on that charge. The appeals court said
depraved indifference homicide doesn't apply. So what's left?
Perhaps it means that he wants the opportunity to re-argue the
question-of-law matter before the appellate court that just handed
down this ruling.
If so, I have no idea what new approach he might come up with that
would make them change their minds. Possibly neither does he.