New York State Court of Appeals
New York’s Shield Law
Subpoena — Out of State Court
Holmes v. Winter
Background: The petitioner was charged with multiple counts of murder after a mass shooting in Colorado. The petitioner sought a subpoena in a New York court directing a New York reporter to appear in a Colorado court to disclose the names of confidential sources or face being held in contempt of court.
Ruling: The Court of Appeals held that New York’s Shield Law provides an absolute privilege that prevents a journalist from being compelled to identify confidential sources who provided informaiotn for a news story.
Christopher T. Handman for the appellant; Daniel N. Arshack for the respondent