Banaszkiewicz v. Baun

In this case the Court affirms an order which collides directly with Court Rule No 31, § 1, and Court Rule No 35, § 6, subd (d) (1945).1 What is more, today’s decision renders a time-tried rule of evidence one of discretionary application rather than one of rightful use.

First: The Court makes of a statutory rule, the design of which is a shield for “protected parties,” a sword each such party may employ whenever the pretrial judge assumes to forge the claymore for him.2 Thus, in any circuit where the pretrial judge chooses not to arm the protected party as was done here, the latter’s act of…