Summary

Robert H. Jackson United States v. Bayer — Opinion of the Court

It also would have been prejudicial to the other defendant, Radovich, who, with no chance to cross-examine or to comment would be confronted with a new item of evidence against him. The court seems to have faced a dilemma, either to grant a mistrial and start the whole case over again or to deny the Bayers' request. Certainly a defendant who seeks thus to destroy a trial must bring his demand within the rules of proof and do something to excuse its untimeliness.
Source: Wikisource

Robert H. Jackson United States v. Bayer — Opinion of the Court

The trial court had already, as he admitted, and as Radovich's counsel charged, given the Bayers the benefit of an irregular conveyance of information to the jury about the call which had not been regularly proved. Moreover, defendants offered no witness to authenticate the slip. As the trial court pointed out to counsel, his proposal was merely to hand to the jury 'an unverified memorandum from the telephone company.' Even during the trial such an offer, with no foundation in testimony and against objection, would have been inadequate.
Source: Wikisource

Robert H. Jackson United States v. Bayer — Opinion of the Court

He can never get the cat back in the bag. The secret is out for good. In such a sense, a later confession always may be looked upon as fruit of the first. But this Court has never gone so far as to hold that making a confession under circumstances which preclude its use, perpetually disables the confessor from making a usable one after those conditions have been removed. The Silverthorne and Nardone cases, relied on by the Court of Appeals, dd not deal with confessions but with evidence of a quite different category and do not control this question.
Source: Wikisource

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