Sunday, August 07, 2005 11:30:23 AM
Ghors:Fruit of the Poison Tree and NOK's Evidence
Ghors, I follow this analysis. And I HOPE it is correct.
But the fruit of the poison tree doctrine applies to CRIMINAL cases NOT civil ones.
Do you know of any authority for an application to civil cases?
If so, what process would be used for NOK to show "independent sources" or "inevitable discovery." A Kastigar type hearing? If so, what standard of proof would be utilized to evaluate the independence of the sources or inevitability of discovery of this evidence?
Thanks! I am actually dealing with a situation like this that has nothing to do with IDCC so I find this very interesting!
Ghors, I follow this analysis. And I HOPE it is correct.
But the fruit of the poison tree doctrine applies to CRIMINAL cases NOT civil ones.
Do you know of any authority for an application to civil cases?
If so, what process would be used for NOK to show "independent sources" or "inevitable discovery." A Kastigar type hearing? If so, what standard of proof would be utilized to evaluate the independence of the sources or inevitability of discovery of this evidence?
Thanks! I am actually dealing with a situation like this that has nothing to do with IDCC so I find this very interesting!
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