A New York state judge was right to order a Fox News reporter to respond to a subpoena in the case of Aurora, Colo., theater shooter James Holmes, a divided appeals panel has ruled, finding that New York's Shield Law for journalists does not protect them from subpoenas in other states.
A 3-2 majority of an Appellate Division, First Department, panel held Tuesday in Matter of Holmes v. Winter, Index 3003713, that Manhattan Supreme Court Justice Larry Stephen acted properly in ordering the reporter, Jana Winter, to appear in the District Court of Arapahoe County, Colorado.
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