U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

February 2015 Archives

N.Y.'s Top Judge Calls for Grand Jury Reform

Following the Eric Garner and Michael Brown grand jury non-indictments, many of us wondered why grand juries are still hanging around. The Constitution requires only that the federal government use grand juries to indict criminal suspects, and yet 23 states still require the use of these bodies for serious felonies.

The problem is that grand juries are secretive (intentionally so) and not subject to the same protections as, say, preliminary hearings, like the right to counsel and the right to cross-examine witnesses. One prominent jurist wants to change that.

2nd Cir. Panel Reverses Itself on Occupy Wall Street Arrests

A peculiar bit of appellate procedure attended the issuance of an amended opinion in Garcia v. Does, the "Occupy Wall Street" case in which Occupy protesters claimed they were escorted onto the Brooklyn Bridge by police, then arrested when they were halfway across.

Though the protesters won in federal district court, and again before a three-judge panel of the Second Circuit, that same panel reversed itself Monday. The panel remanded the case to Judge Jed Rakoff with instructions to dismiss the complaint, dissolving the en banc rehearing before it started.