Wednesday, September 16, 2009

The Indignant Indigent Returns

After a restful summer, the Indignant Indigent returns. The Appellate Division, Fourth Department will release new decisions on October 2nd and 9th, and readers can expect new content and analysis that day and on the days in between.

In the mean time, please read this excellent blog post by Donald Thompson of Easton, Thompson, Kasparek & Shiffrin in Rochester, New York. Thompson argues that a defendant has a right to testify before a grand jury that has not voted to indict him (even after the case has been certified) so long as the defendant requests the right to testify before the indictment is filed.