Sentences with phrase «witness testimony based»

Not exact matches

The case against Carlos is also based on witness testimony from his former brothers - in - arms, including Hans - Joachim Klein, a German to whom the Venezuelan is said to have admitted he wanted to «apply pressure to get the Japanese man freed.»

He was convicted on two counts of first - degree murder after a second trial, largely based on the testimony of two witnesses.

Heresay — Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.

In her jury instructions, the judge noted Howe's participation in the case as a cooperating witness, noting that convictions in this case can be made «on the basis of such a witness's testimony.»

Joe Percoco's attorney, Barry Bohrer, issued a statement suggesting the charges against him were based on non-credible witness testimony and wouldn't square with the Supreme Court's recent ruling vacating a fraud charge against former Virginia Gov. Bob McDonnell.

The special grand jury's thorough findings were based upon the sworn testimony of 25 witnesses and thousands of pages of evidence which corroborated their testimony.

Now, the testimony of two witnesses at a federal trial unfolding in Newark has placed Cuomo in close proximity to what has principally been a New Jersey - based narrative of lies, retribution and planned cover ups as early as October of 2013 — just weeks after the sudden closure of several lanes on the New Jersey side of the George Washington Bridge.

Brennan based his complaint on testimony from David Wildstein, the star witness in a Newark federal court case involving two of Christie's former aides, who testified that Christie learned about the lane closures while they were happening — and laughed.

Agabi specifically referred the tribunal to the evidence of Mr. Samuel Madojemu, the Head of Investigation and Intelligence Unit of the Code of Conduct Bureau (CCB) and his affidavit evidence adding that throughout his testimony, he based his evidence on hearsay from the Economic and Financial Crimes Commission (EFCC), adding that witnesses ought to be called to prove the case were no called.

Based on the video, witness accounts and Mauro's testimony, Fitzpatrick said the Onondaga County grand jury concluded the shooting was justified.

Based on the video, witness accounts and Mauro's testimony, Fitzpatrick said the Onondaga County grand jury concluded the shooting was justified, according to Syracuse.com.

Since witnesses and technical evidence are often lacking in cases involving child abuse, courts are often forced to rely solely on the victim's own testimony «It is therefore very important that courts assess the credibility of a testimony based on what children say and not on how they say it,» says Sara Landström.

Witnesses in court will usually tell what they see or remember as the truth — but how many innocent people have been convicted based on the testimony of a sincere and objective bystander who is, unwittingly, mistaken?

When one environmental public interest group called a university professor to speak in opposition to the proposals based on his belief that development of this nature is inimical to Aboriginal culture, cross examination of this witness by a representative of the Nisichawayasihk Cree illustrated the professor's lack of specific knowledge of the Nisichawayasihk Cree, their culture and their physical environment.20 In the result, his testimony was given little or no weight by the Commission in its report.

We provide high quality scientifically based expert accident reconstruction, collision analyses and expert witness testimony to the litigation community on behalf of plaintiff and defendant litigants throughout California and the United States.

It seems to me that jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge) about what verdict must be returned based on what facts the jury finds to be true...

The prosecutor can use hearsay evidence (testimony based on what the witness has heard from someone else), but you can not

Sounds pretty sensible, especially the part about not «broadcasting» information that subsequent witnesses could use to tailor their testimony based on what has already happened in court.

As with so much litigation, this case involved conflicting testimony and therefore was decided based on an assessment of the relative credibility of the witnesses.

Since witness and expert testimony form the basis of many cases, the prosecution will use this against you, weakening your case and your attorney's leverage when negotiating your settlement.

We collect evidence, obtain witness testimony and construct a compelling case based on the facts, showing negligence of the at - fault party.

Yet, lawyers effectively cross-examine witnesses who were not previously deposed, and lawyers seldom seem to effectively impeach witnesses based on prior deposition testimony.

Justice Thomas E. Hoffman wrote in his opinion, «In our view, absolute privilege must extend to reports prepared by an expert witness which form the basis of the witness» testimony.»

Based on the testimony of several witnesses, the court was satisfied on a balance of probabilities that what Dr. Stokes said about Mr. Papp was substantially true.

This ground is difficult to maintain in an appeal, since the appellate court is basing their decision on a transcript and is not seeing the actual evidence or hearing the witness testimony.

They understand the high standards for admissible expert witness testimony and carefully document the data, assumptions and analytic methods that form the basis for any opinions offered.

This may be the case if the testimony of other witnesses will form the basis for the expert's opinion.

Help the attorney to elicit key pieces of testimony from each witness based upon your vast personal knowledge of the case;

Based on your review of the court documents and the facts of the case make brief notes of the important points that should be covered during your testimony, the testimony of your witnesses and the testimony of the other party or its witnesses.

If your witnesses are friendly and support your version and the nature and extent of your injuries, then your attorney must show the jury or adjuster that their testimony is either unbiased or based on accepted scientific or medical principles.

Appellate Court Affirms Denial of Plaintiff's Medical Malpractice Claim Based on Lack of Expert Witness Testimony, New Mexico Personal Injury Lawyer Blog, February 22, 2016.

The Court formulated a new standard for the admissibility of eye witness testimony which, inter alia, mandated that such testimony be excluded if the defendant can prove — based on system and / or estimator variables — that the «probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence» (44 - 5).

The witness who testified that the truck driver was at fault was patently incorrect in her assertion as to how the accident occurred, based on her testimony that the accident was caused by a side impact.

The applicant summoned the investigator as a witness, and the respondent objected on the basis, among other reasons, that the testimony would be subject to solicitor - client privilege.

Experts can not base their opinions on matters precluded by law and because mediation briefs are not discoverable or admissible, a court can exclude testimony of an expert witness who relied on material in a mediation brief to formulate an opinion.

Prior to the orthopedic surgeon's testimony, the plaintiff sought to prevent the psychiatrist from testifying as an expert on the basis of alleged bias in his expert reports and several decisions that had reportedly held that the psychiatrist had become an advocate for the party calling him as a witness; had appropriated the role of advocate of the insurer rather than an impartial witness; and had presented as a notably partisan witness.

Then came eye witnesses whose testimony can be flawed based on biases and the fallacy of human memory.

Michael Spratt, an Ottawa - based criminal attorney, told VICE the witness's credibility and reliability have been seriously compromised by her testimony.

He based his decision in part on the testimony of an expert police witness who testified about the customs and practices of the drug trade.

The appellant's submissions were rejected by the Court of Appeal, which certified the following point of law of general public importance as involved in its decision for consideration by the House of Lords, namely, is it permissible for a defendant to be convicted where a conviction is based solely or to a decisive extent upon the testimony of one or more anonymous witnesses?

Apple argues that during a closing argument, counsel from Caldwell, Cassady & Curry representing VirnetX provided the jury with arguments «outside the evidence, blatantly misrepresenting the testimony of Apple witnesses, which served to confuse, mislead, and inflame the jury, to render a verdict not based on the record.»

The court will evaluate the reasonableness of the parent's claim based on information and evidence available, such as a history of domestic violence and testimony of witnesses.

«The oral testimony of the witnesses from the claimant group is a further source of evidence but being based upon oral traditional passed down through many generations extending over a period in excess of two hundred years, less weight should be accorded to it than to the information recorded by Curr.»

«The most credible source of information concerning the traditional laws and customs of the area... is to be found in Curr's writings... The oral testimony of the witnesses from the claimant group is a further source of evidence but being based upon oral tradition passed down through many generations extending over a period in excess of two hundred years, less weight should be accorded to it than to the information recorded by Curr.»

The trial court and later the Ohio Court of Appeals based their decisions in part on testimony by an expert witness for the broker who said it was industry practice to deduct the expenses from the departing sales associate's share of compensation.

Ben Viloski is managing partner at Pittsburgh - based Shopping Center Law Associates, which provides LOI and lease representation, site selection, real estate consulting, portfolio lease review, REA / sublease / SNDA / acquisitions / sales / expert witness testimony & related services.