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Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin
Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin
Vanderbilt Law Review
Easy cases, as well as hard ones, sometimes make bad law. Pickett v. Cooper,' for example, was a straightforward automobile accident personal injury case. Defendant's car, on the wrong side of the road,collided with the car in which plaintiff was riding. Defendant contended that a tire blowout, rather than negligent driving, caused his car to be in the wrong lane, and he introduced evidence to support that contention. Instructing on the doctrine of "sudden emergency," the trial court told the jury to find for defendant if they believed "it [to be] as likely as not" that a tire blowout produced …
Omnibus Crime Control And Safe Streets Act Of 1968-Grand Jury Witness Standing To Suppress Illegally Obtained Evidence, Law Review Staff
Omnibus Crime Control And Safe Streets Act Of 1968-Grand Jury Witness Standing To Suppress Illegally Obtained Evidence, Law Review Staff
Vanderbilt Law Review
Title III of the Omnibus Crime Control and Safe Streets Act of 19681 attempts to regulate the use of electronic surveillance and wiretap within fourth amendment guidelines developed by the judiciary. If evidence has been obtained in violation of the Act, the Act prohibits its introduction into judicial, legislative, and administrative proceedings. As recent courts of appeals cases indicate, however, one primary question has arisen concerning the operation of this exclusionary rule in the specific context of a grand jury proceeding: May a grand jury witness challenge the admissibility of evidence obtained in violation of the Crime Control Act?