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June 28, 2012


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Glad you brought up the unfair language in Epps v. Poole- it bothered me when I read it too. Also, the 2d Cir seemed irritated to have to continue dealing with depraved indifference cases, but the truth is a whole lot of defendants have been charged with depraved indifference when the facts show intentional murder, so there are legitimate concerns raised in many of these cases...except with deference x 2, perhaps.

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