Week 3 – Short Essays
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 prosecutors 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.  Lonnies widow sues the barge company in state court. The Parties agree on the facts and cause of Lonnies death; however, they do not agree whether the Longshoreman Act should apply to this case.  Lonnies widow has already received a remedy in a separate administrative action as part of a workers compensation claim.  The Longshoreman Act would allow the decedents family to pursue an action in court, even if the family has agreed to a settlement as part of the workers compensation action.  If the Longshoreman Act does not apply, then the decedents family will have no remedy in court.  Prior to trial, what motion should the barge companys attorney make?  What must this attorney prove in order for her motion to be successful?