Can the wife introduce the mediator testimony as evidence

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Problem 1: 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?

Problem 2: During the course of a divorce proceeding, the judge orders the husband and wife attempt to settle their custody dispute through the mediation process. During the course of the mediation, the husband tells the mediator that he has secretly been selling marijuana to their children's friends. Ultimately, the mediation breaks down and the parties cannot come to a settlement. During the divorce trial, can the wife introduce the mediator's testimony as evidence?

Reference no: EM132612434

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