Commission Hearings volume 2

Cover Commission Hearings volume 2
Commission Hearings volume 2
United States National Commission for the Review
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PROFESSOR SCHWARTZ: I think what you are really saying is you are now going to turn me over to the tender mercies of Professor Blakey.
CHAIRMAN ERICKSON: Thank you.
We will take a five-minute recess.
[Whereupon, a short recess was taken. ] PROFESSOR BLAKEY: Professor, are you familiar with the Fifth Circuit case of Simpson v. Simpson?
PROFESSOR SCHWARTZ: Somewhat familiar with it. I think I have seen a report of it in the Criminal Law Reporter, the excerpt.
PROFESSOR BLAKEY: This is the one whe
...re a husband conducted a wiretap on a wife, and ob- tained some information on the wife's paramour. The husband played transcripts to neighbors and the wife's attorney, based on which the attorney recommended a consent divorce.
PROFESSOR SCHWARTZ: Yes, I am familiar with it.
PROFESSOR BLAKEY: Subsequently, the wife sued the husband for illegal wiretapping, and the Fifth Circuit ruled that since it was in her family, being husband and wife, and inside the house, and no third party was involved in the surveillance it- self, despite the language of the statute, because of the legislative history, they denied a right of recovery.


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