Law Enforcement

 
 
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Law Enforcement

Question I

 The appellate court decides that the trial court committed reversible error by including evidence found by law enforcement.  Law enforcement discovered this evidence when committing a Fourth Amendment violation, which should have been excluded at trial.  This inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction.  Where does the case go from here? Is the Defendant free to go? Does it go back to the trial court? Does it go all the way up to the Supreme Court?

Question II –

 Lonnie dies while working on a barge.  Lonnie’s widow sues the barge company in state court. The Parties agree on the facts and cause of Lonnie’s death; however, they do not agree whether the Longshoreman Act should apply to this case.  Lonnie’s widow has already received a remedy in a separate administrative action as part of a workers’ compensation claim. 

The Longshoreman Act would allow the decedent’s family to pursue an action in court, even if the family has agreed to a settlement as part of the worker’s compensation action.  If the Longshoreman Act does not apply, then the decedent’s family will have no remedy in court.  Prior to trial, what motion should the barge company’s attorney make?  What must this attorney prove in order for her motion to be successful?

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