Doug Burns, a former Eastern District prosecutor from Nassau County, said the «cardinal rule» in the government's use of a cooperating witness is «whether or not what they say can be backed up or corroborated by
other evidence in the case.»
Maybe some of
the other evidence in the case is weak.
A new trial based on newly discovered evidence should not be denied solely because
other evidence in the case includes a confession and / or eyewitness identification.
This includes asking you «trick» questions to get you to contradict yourself, or
the other evidence in your case.
A court is not obliged to adopt uncontradicted testimony if there is
other evidence in the case that renders it unreasonable.
Not exact matches
The
other phones, which were seized
in a variety of criminal investigations, are involved
in cases where prosecutors are compelling the company to help them bypass the passcode security feature of phones that may hold
evidence, the Journal added.
While most of us think that making decisions rationally — with piles of statistics and numbers and
other evidence to back us up — is the best way to go,
in reality, this is often not the
case.
Vestager, arguably the most powerful official
in the EU due to her individual power to rule on competition
cases across the 28 - nation bloc, makes no secret of her reliance on
others at times to provide the
evidence that can justify her inquiries.
He recalled that
in the one
case that perhaps came closest — the show - trial conviction of several influential military and intelligence officers for drug trafficking and
other crimes
in 1989 — there was even some circumstantial
evidence that the illicit activities had been tolerated by superiors.
«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.
as to Shares deliverable on the exercise of Options or Stock Appreciation Rights, or
in settlement of Performance Units or Restricted Stock Units, until the delivery (as
evidenced by the appropriate entry on the books of Walmart of a duly authorized transfer agent of Walmart) of such Shares, give the Recipient the right to vote, or receive dividends on, or exercise any
other rights as a stockholder with respect to such Shares, notwithstanding the exercise (
in the
case of Options or Stock Appreciation Rights) of the related Plan Award;
Backed by solid research
evidence and
case studies, Lisa translates her decades of experience
in the communication field into proven strategies and practical, actionable plans to make genuine conversations, build lasting relationships, and influence
others.
While the
evidence suggests a split could help companies that are struggling, it also shows the step could hurt shareholders
in many
other cases.
This generally supports the
case that Living Goods offers high quality products, but because our experience on the site visit may have been non-representative and there are many
other potential factors that may affect the effectiveness of drug treatments aside from following storage procedures for drugs properly, we consider it to be only weak
evidence in support of the quality of Living Goods» drug treatments.
In this case, as in all others, evidence matters, and citizens should demand politicians base their decisions on i
In this
case, as
in all others, evidence matters, and citizens should demand politicians base their decisions on i
in all
others,
evidence matters, and citizens should demand politicians base their decisions on it.
In the
case of yahweh, no
evidence has ever been presented that it exists,
other than the wishful hopes of people.
So
in other words all you have is the bible and nothing more because if have actual
evidence, you'd be the first and you should be sharing it with the world, unless of course what you consider
evidence is simply your own personal stories
in which
case it is only
evidence to you and does not pertain outside of your small mind.
In the
case of Coach Bowden, the university found «no
evidence that there [was] any «coercion» or «undue influence»... nor is there any
evidence that there is any punitive or
other negative consequences» for those who decline the coach's church invitation.
In the
case of
others, the
evidence we have either is inconclusive or else hardly even seems relevant to the question of their truth or falsity.
Our criticism of ID is that itrestricts the
evidence for Intelligence to only a certain class of
cases for which no natural explanation is said to be discernable;
in other words where there appear to be gaps
in the fabric of natural causality.
They had their own courts
in which they handled
cases concerning marriage, divorce, inheritance, and
other problems of Islamic law,
evidence of the influence and power of Islam
in China at that time.
I shall assume that the aim of an explication of «valid induction» is to find a numerical or comparative function c (h, e)-- the «confirmation of hypothesis h given
evidence e» — which is a syntactic function of the statements h and e, and which has a high or comparatively high value
in those
cases where normally accepted or intuitive inductive methods would direct us to accept hypothesis h on
evidence e, at least
in comparison with
other hypotheses having lower c - value.
What should happen
in that
case should be the pursuit of more
evidence, not the bashing of the
other side
in a hateful manner.
[63] They cite the
cases of Sweden, Norway and Quebec as instances where there is inconclusive
evidence that bans have been successful (see the section later
in this paper on what actions
other countries have taken
in relation to junk food advertising for more explanation of the regime
in place
in these countries).
I wonder whether you could confirm, if you know, that that is the
case, that there was a differentiation between that and
other existing provisions
in the act which you have spoken about
in your
evidence today - that is, the purpose of certain conduct.
The only
other variables are if they could show an intent to kill (upping the charge to attempted homicide) or an intent to maim or disfigure, or some kind of hate crime motivation but
in this
case, there's no
evidence of that.
It may indeed be the
case that the
evidence is not convincing, and considering how new microbiome research is, I would be surprised if any of the research could be considered «convincing»
other than to simply say that the microbiome seems to be a really important factor
in health and disease.
However,
in other cases, when AP courses are introduced without the necessary attention to student and teacher preparation, we found little
evidence to indicate that the program contributes to student academic success.
After more than a decade (ending
in 2011) of working with the Alaska Division of Public Health tracking local SIDS and sleep - related death
cases, we were unable to find
evidence that co-sleeping increased the risk of death when controlling for
other factors.
We informed the ASA that this mother was not alone
in reporting unsolicited emails from Pfizer / Wyeth, but the ASA said it could not consider the
evidence from
other mothers
in this
case.»
It has been estimated that 5 % to 10 % of infants who die from SIDS have novel mutations
in the cardiac sodium or potassium channel genes that result
in long QT syndrome as well as
in other genes that regulate channel function.44 A recent report described important new molecular and functional
evidence that implicates specific SCN5A (sodium channel gene) β subunits
in SIDS pathogenesis.47 The identification of polymorphisms
in genes pertinent to the embryologic origin of the autonomic nervous system
in SIDS
cases also lends support to the hypothesis that a genetic predisposition contributes to the etiology of SIDS.
In the worst case, they could be totally partisan and routinely declare that the party or faction they favor is right and the other party is wrong and have all their political opponents thrown in jail, without even bothering to look at the actual evidenc
In the worst
case, they could be totally partisan and routinely declare that the party or faction they favor is right and the
other party is wrong and have all their political opponents thrown
in jail, without even bothering to look at the actual evidenc
in jail, without even bothering to look at the actual
evidence.
On the
other hand, the fact that the
case is already so far
in the public domain might be
evidence that arguments used by m» learned friends to try and stuff it back into the obscurity from which it sprang are little more than legal tosh and nonsense.
The BHA was called to give
evidence to the Commission's inquiry into whether there should be a change
in law to legalise assisted dying
in the UK and made the
case that there are good ethical reasons not to limit legal assisted dying only to terminally ill people but to
others who are incurably suffering, and to permit voluntary euthanasia as well as assisted dying to maximise autonomy of patients who wish to end their lives but are unable to do so themselves.
But
other prosecutors
in the Justice Department believe there is enough
evidence to move forward with a
case, the New York Times reported.
But the motion added that any failure to prosecute de Blasio
in other jurisdictions is «
evidence of nothing»
in this
case.
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.
A prima facie
case is the establishment of a legally required rebuttable presumption, and a cause of action or defense that is sufficiently established by a party's
evidence to justify a verdict
in his or her favour, provided such
evidence is not rebutted by the
other party.
To arrogate to itself the powers to simply dump people
in jail indefinitely is, to say the least, uncivilized and barbaric; to hang serious allegations against a person without proof of
evidence, as the judge noted
in the
case of Senator Bala Mohammed, is malicious, callous and unacceptable; and to constrain citizens with brazen impunity,
in defiance of court orders, is to send a wrong signal to Diaspora Nigerians and
other foreign investors who, paradoxically, our President and his ministers, have been courting assiduously, that the law can not protect both they and their investments.
In the instant
case, no material
evidence of fraud, irregular allocation of plots of land among
others is placed before this court.
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.
Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal
in a criminal
case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the
evidence, or (b) that the judgement
in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and
in any
other case shall dismiss the appeal.»
A federal grand jury
in Manhattan has begun hearing
evidence in the
case, which focuses on two de Blasio fund - raisers — Jona Rechnitz and Jeremy Reichberg — with investigators trying to determine if the two men benefited from some type of favorable municipal action, or the promise of some action,
in exchange for their donations, their fund - raising or some
other gesture.
Smith, a Rensselaer County attorney appointed special prosecutor by a Supreme Court judge who reviewed
evidence in the
case last year, informed Herrick on Wednesday that seven
others, including the several elected officials, have voluntarily submitted or agreed to give DNA samples to State Police investigators.
They can do it
in terms of planting
evidence, and
in the most extreme
cases they can do it
in terms of killing people,» Clarkson added, referring to police - involved shootings and
other fatal incidents.
If Sugarman had attempted to bring a
case against the state party or most of the
other incidents of party activity that have been heavily scrutinized
in recent years, most of the
evidence she brought while making her
case against the county parties would be inapplicable.
The
evidence at trial and publicly filed documents
in the
case established that, among
other things, Sampson, as an attorney practicing
in Brooklyn, embezzled funds he held
in escrow from the sale of real estate properties.
In other evidence Boyland was shown asking for money in exchange for political favors, including a request for $ 250,000 to pay for his legal fees resulting from the first court case in which he was found not guilt
In other evidence Boyland was shown asking for money
in exchange for political favors, including a request for $ 250,000 to pay for his legal fees resulting from the first court case in which he was found not guilt
in exchange for political favors, including a request for $ 250,000 to pay for his legal fees resulting from the first court
case in which he was found not guilt
in which he was found not guilty.
Eastern District Assistant United States Attorneys Lara Treinis Gatz and John Durham said
in the letter that the strength of the government's
case «is overwhelming and consists of dozens of witnesses... fully corroborated by numerous sources of
evidence... including telephone call detail records, cell site records, photographs, financial records... and
other documentary
evidence.»
Umar,
in his lead ruling, had exonerated Saraki of all the charges on, among
other grounds, the failure of the prosecution to obtain Saraki's statement and make it part of the proof of
evidence in the
case.