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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]