SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : The Judiciary
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
From: TimF7/12/2010 5:31:30 PM
   of 817
 
McDonald, and the Voting Paradox:
volokh.com

NickM says:

My preferered example of a voting paradox is as follows:

Convicted criminal defendant appeals, raising 2 separate issues:
evidence was admitted in violation of his 4th Amendment rights; and
evidence was admitted in violation of his Miranda rights.

3-judge panel hears the case.
Judge A finds no violation on any grounds.
Judge B finds a 4th Amendment violation, but no Mirands/5th Amendment violation.
Judge C finds a Miranda violation, but no 4th Amendment violation.

Conviction reversed.

What should happen on retrial? What evidence is admitted and what is excluded?

BTW, for those asking about Justice Thomas and state laws treating aliens differently for firearms ownership, there is still an equal protection line of cases for aliens’ rights that would cover most, if not all, state/local gun laws.

Nick

volokh.com
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2025 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News