The violation of an "elemental" rule - that a grand jury witness must swear to tell the truth before testifying - has persuaded an appellate court to adopt the "exceptional" remedy of dismissing charges filed in 1996 after a man allegedly shot an elderly woman three times in the chest and partially strangled her 4-year-old granddaughter.
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Failure to Swear in Witness Results in Dismissal of Case
New York Law Journal
July 16, 2012
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