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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/reconlw0156 and id is 1 raw text is: CONFLICT OF LAWS
Generally
Pa.2020. Cit. generally in conc. op. Defendant appealed after she was convicted of committing a murder
in Pennsylvania based on confessions she made to police detectives in California, alleging that her
confessions were not admissible, because the detectives surreptitiously recorded her in violation of
Pennsylvania law; the court of appeals affirmed. Affirming, this court held that the recordings were
admissible because they were lawfully made under California law. The concurring opinion cautioned
that a choice-of-law analysis like the ones embodied in Restatement of Conflict of Laws or Restatement
Second of Conflict of Laws ought not to be used in determining whether to apply the exclusionary rule,
which was at the heart of the Pennsylvania Constitution's protection against unreasonable searches and
seizures. Commonwealth v. Britton, 229 A.3d 590, 605.
CHAPTER 2. DOMICIL
TOPIC 4. DOMICIL BY OPERATION OF LAW
§ 33. Abandoned Child
Utah, 2020. Subsec. (1) quot. in sup. In adoption proceedings filed by prospective parents of child
whose unmarried biological parents were members of a Native American tribe, the trial court granted
motions by biological father and tribe to intervene and transfer the case to the tribal court under the
Indian Child Welfare Act, finding that biological mother was domiciled on the tribe's reservation when
child was born in Utah, and that she abandoned child, such that his domicile was transferred to that of
father, who lived on the reservation. This court reversed and remanded, holding that mother was
domiciled in Utah at the time of child's birth, and that her initiation of formal adoption proceedings did
not constitute an abandonment that shifted child's domicile to the reservation under principles set forth
in the Restatement of Conflict of Laws. Matter of Adoption of B.B., 469 P.3d 1093, 1114.
CHAPTER 5. STATUS
TOPIC 2. LEGITIMACY
§ 137. Law Governing Legitimacy
Fla.App.2020. Quot. in ftn. Wife filed marriage-dissolution proceedings against same-sex spouse, who
was the biological mother of two children born while the parties were in a committed relationship but
before they were legally married, seeking a determination with respect to timesharing and child support.
After a hearing, the trial court granted in part mother's motion to dismiss, finding that it lacked subject-
matter jurisdiction over the children born before the marriage, because wife had no biological
connection to the children and did not adopt them. This court reversed and remanded for the trial court
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For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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