Legal Opinion

People v. Radtke

New York Supreme Court

Decided December 12, 1991PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

David Goldstein, J.

Under what circumstances may a defendant in a homicide case obtain an order to exhume the body or remains and for a new autopsy as to the cause of death?

This is a motion by defendant for an order directing the exhumation of the body of his six-day-old child, Anthony Radtke, who is buried without the State, in Nebraska, in order *745to examine and test the skeletal remains and tissues to determine if they were cut by a sharp instrument or tool or by a dog.

The application is opposed by the District Attorney, who, pursuant to direction of this court, notified…

2Cases cited7 opinions

  1. Yome v. GormanNew York Court of Appeals · 1926
  2. Matter of Currier (Woodlawn Cemetery)New York Court of Appeals · 1949
  3. In re BandAppellate Division of the Supreme Court of the State of New York · 1986
  4. Davis v. Congregation Chevra Torah Anshei RadishkowitzNew York Supreme Court · 1959
  5. People v. MillerNew York Supreme Court · 1975

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re the Estate of JanisNew York Surrogate's Court · 1993
  2. People v. HoytAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. WeirAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. WeirAppellate Division of the Supreme Court of the State of New York · 2012
  5. WEIR, TRACI L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012

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