Sentences with phrase «evidence of the defendant»

«Even the most generous interpretation of the evidence of the defendants» sexual orientation as relevant — that because he dresses like a woman he likely stole the woman's hair products and shoes — is such an incredible leap of logic as to astound this court.»

In executing five court - authorized search warrants at addresses on High View Court and Pine Street in Nyack, it is alleged that detectives recovered evidence of the defendants» jobs, income, living expenses and residency.

If the plaintiff can prove that the defendant was texting behind the wheel, they can assert that violation of law as evidence of the defendant's negligence.

Jury instructions typically leave the jury with wide discretion in choosing amounts, and the presentation of evidence of a defendant's net worth creates the potential that juries will use their verdicts to express biases against big businesses, particularly those without strong local presences.

[59] There were other inconsistencies in the evidence of the defendant which cause me to reject his evidence as to the happening of the incident.

The court accepted the evidence of the defendants» expert witnesses, Donald Thomson and Stephen Pearlstein, that the $ 50,000 figure mentioned in the Interpretation Bulletins excludes post-judgment interest.

The Court of Appeal will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong, or discretion to exclude under s 101 (3) has been exercised unreasonably in the Wednesbury sense.

«I reject the evidence of the defendant that the purpose of the meeting was to speak with the plaintiff and figure out what was going on with her, since making a serious and good faith effort to do so would have required a more expansive conversation,» he wrote.

The first is that, while the trial judge set out his findings of fact, those findings depend on him having preferred the evidence of the plaintiffs» experts over the evidence of the defendant's experts.

The evidence of the defendant is consistent with the physical evidence; that of the plaintiff on either of her versions is not.

[83] The evidence of the defendant is that the plaintiff turned across his lane without signalling her intentions.

«Iranian Dairy Case a «Caricature» of U.S. Litigation System, Judges Find Main In 1997 Strangling Case, Evidence of Defendant's Drug Addiction On Trial»

But a case worth several million would require extremely compelling facts, multiple survivors under Florida's wrongful death statute, good evidence of strong relationships between the deceased and survivors, good evidence of the defendant's guilt, and plenty of insurance coverage.

During the trial, the plaintiff presented evidence of the defendant's driving history, which contained two prior instances in which the defendant was cited for driving while under the influence of alcohol in 1996 and 1983.

Since the trial court applied the correct legal standard and reasonably determined that Lowrey presented insufficient evidence of the defendant's knowledge, it was correct to grant the defendant's motion.

The punitive damages award was reversed because Glovia did not present sufficient evidence of defendant Maxima's financial condition.

(iv) In reaching these conclusions, the court was applying the principle established by Hanson that it will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong or discretion has been exercised unreasonably in the Wednesbury sense.

However, a bind - over may provide evidence of a defendant's bad character pursuant to the Criminal Justice Act 2003 s 98, even if it was not imposed as a sentence of the court, following conviction.

The geolocation data provided evidence of the defendant's movements throughout the evening in question, while the heart rate data indicated two different periods of «strenuous activity» which the app suggested involved the climbing of stairs.

Permits the admissibility of evidence of a defendant's net worth only during the proceeding for the determination of punitive damages.

Not exact matches

«Defendants have not denied any of these statements or produced any evidence, beyond the text of the EO itself, to support their contention that the EO was primarily motivated by national security concerns,» Brinkema wrote in her opinion.

«Given the nature of the charges against the defendant and the apparent weight of the evidence against him, defendant faces the very real possibility of spending the rest of his life in prison,» Ellis said of the former campaign manager.

The Commission has presented evidence that, from at least April 2010 to January 2012; July 2012 to June 2014; and September 2014 to present («Relevant Period»), Defendants have manipulated, attempted to manipulate and / or spoofed the near month of the Chicago Mercantile Exchange E-mini S&P futures contract («E-mini S&P»).

«Even beyond the trade secrets Waymo listed at the outset of this case, the new evidence indicates that there is other proprietary information, contained in the new documents, that made its way to Defendants,» Alphabet wrote in a new filing.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

Poorly educated and penniless defendants often lack the means to procure competent legal counsel; witnesses can be suborned or can make honest mistakes about the facts of the case or the identities of persons; evidence can be fabricated or suppressed; and juries can be prejudiced or incompetent.

For more information regarding the case and evidence, you can read THE ARCHDIOSESE OF CHICAGO, THE CATHOLIC BISHOP OF CHICAGO, a corporation sole, and CARDINAL FRANCIS GEORGE, Defendants.

«Evidence about why the Inner Harbor Project was in the public interest similarly sheds critical light on the Syracuse Defendants» states of mind,» the letter states.

Moreover, evidence of the perceived public value of the projects in this case is critical to the Syracuse Defendants» defense.

The proposals include the elimination of pretrial detention for low - level offenses; setting a speedy trial requirement to keep people from being held in jail for months awaiting trial; and changing discovery rules to allow defendants access to all evidence before making a plea.

In a series of tentative rulings Monday, Wood also disclosed in a cryptic exchange with a defense lawyer that the defendants want to offer testimony on a secret, sealed matter that she described as «sympathy for Adam» evidence.

According to him, the proof of evidence before the court is sufficient to warrant an explanation from the defendants regarding the role they played in the alleged contract scam.

«Since the transfer of the money from the Mayor to the Independence Party was the larceny, the evidence also proved defendants» guilt of money laundering, based on the transfer of the proceeds of the larceny from the Independence Party to the shell corporation.»

«There was contradictory evidence by the prosecution witnesses on whether the defendant was still the head of service as at the time he chaired the committee.

Documents allege there is «credible and corroborated evidence that while serving as Speaker of the Assembly, the defendant engaged in extramarital relationships with two women.»

«However, the defendants» contributions are highly probative evidence of the genesis and evolution» of relationships between alleged co-conspirator Joe Percoco, a former top Cuomo aide, and lobbyist Todd Howe, who has already pleaded guilty and is cooperating with the government, Kim added.

In the unsealed motion, which is heavily redacted and does not include that names of the women, the government cited «credible and corroborated evidence that while serving as Speaker of the Assembly, the defendant engaged in extramarital relationships with two women, one of whom....

A declaration that the conduct of the 1st Defendant acting through its Chief Executive Officer and Acting Editor of the Crusading Guide newspaper, Anas Aremeyaw Anas, in releasing the contents of the petition, through publications in the Crusading Guide newspaper, his personal facebook page, public screening of the audio — visual recordings in support of the petition at the Accra International Conference Centre on the 22nd September, 2015, containing the evidence in support of the petition, is in violation of Article 146 (8) of the 1992 Constitution and therefore unconstitutional...»

Orji, an investigating officer with the EFCC, while being led in evidence by Mr. Rotimi Oyedepo said, «The first defendant (Akpobolokemi) raised a memo to the office of the NSA.

Syracuse defendants Aiello and Gerardi, accused of paying Percoco $ 35,000, had written checks to Howe, their lawyers said, and there was no evidence they knew he would pass money to Percoco except for Howe's testimony.

In motions filed Friday night, attorneys for most of the defendants said they want separate trials for their clients to avoid the chance of unrelated evidence against one or two defendants tainting the others» cases.

Gov. Andrew M. Cuomo plans to ask the New York State Legislature to eliminate cash bail for many crimes and to speed up the disclosure of evidence in trials as part of a package of proposals intended make the criminal justice system fairer for indigent defendants, his aides said.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

He said, «We have another witness on subpoena, and at the end of the evidence of this another witness, we will take a decision on whether or not the first defendant (Metuh) will testify.

The Law Society said: «It is a fundamental aspect of the right to a fair trial that the defendant in a criminal trial is able to challenge the evidence adduced against them.

The witness, who was led in evidence by the prosecuting counsel, Mr, Sylvanus Tahir, insisted that there was no limit to the amount of dollars he could buy or sell, saying he did not transact the business with Metuh but with Nneka who he said gave him the account number of the 2nd defendant.

In his State of the State speech, Cuomo plans to ask the state Legislature to eliminate cash bail for many crimes and to speed up the disclosure of evidence in trials as part of a package of proposals intended make the criminal justice system fairer for indigent defendants, his aides said.

Jurors in the federal corruption trial of former Assembly Speaker Sheldon Silver heard from the defendant for the first time on yesterday, as the government introduced into evidence audio recordings between the assemblyman and various political reporters — including yours truly.

He wrote that «there was no evidence whatsoever that defendant Ortt knew the source of the monies paid» by Synor and a second company, Regency Communications, to his wife.