Judges Dennis Jacobs, Guido Calabresi and Rosemary Pooler decided the appeal in 'Gutierrez v. Smith,' a decision that required the panel to review the facts at trial and in an appeals process that occurred as the state law on depraved indifference was in major transition in New York courts.
Circuit Finds Enough Evidence for Reasonable Depraved-Murder Verdict
New York Law Journal
December 12, 2012
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