U.N. investigator wants more time in Hariri probe Apr 9, 2008
"The admissible evidence will have to be carefully and objectively considered in light of the applicable prosecution threshold.". "No one can predict or dictate how long this process will take," added Bellemare, who took over from Belgium's Serge Brammertz at the beginning of the year. (Yahoo News -- Politics)
Hariri investigator wants more time Apr 9, 2008
"The admissible evidence will have to be carefully and objectively considered.". In his first report to the council on March 28, Bellemare said investigators have evidence that Hariri was assassinated by a "criminal network" linked to some other terrorist attacks in Lebanon. (Yahoo News -- Politics)
I had a run-in with an HMRC Call Centre today Mar 28, 2008
JD Fortune may have provided the key to this issue in his post in this thread, confirming that no notice is required unless you wish to rely on it as admissible evidence in legal proceedings. Would still like to see a statutory reference to that. (Accounting Web, UK)
3rd Circuit: Warnings Expert Not Needed Mar 27, 2008
"Rule 703 is clear that the SRI does not need to be admissible evidence in order for Clauser's opinion that the 2002 service manual lacked adequate instructions and warnings to be admitted," Irenas wrote. Pineda's lawyers had argued that they sought to admit the SRI only as an example of effective language for an alternative instruction and warning and not to prove Ford's "culpable conduct" or the "need for a warning or instruction.". (Law.com)
City lawsuit will proceed Mar 20, 2008
Normal procedures in such cases usually include the exchange of questions and answers between the parties, motion hearings to set the scope of admissible evidence, requests from the defense for summary judgment or dismissal, settlement negotiations and trial. The judge typically works with the attorneys on both sides to set deadlines for these steps. (The Augusta Chronicle)
Why so many panhandling cases get dismissed Mar 2, 2008
Ann Donlan, spokeswoman for San Francisco Superior Court, says the court is only requiring "the prosecution to put on its case with credible, admissible evidence.". So that means no relief for the cops, who are probably pulling overtime to sit in traffic court. (San Francisco Chronicle -- Crime)
Barry Bonds Perjury Charges Should Be Dismissed or Narrowed, Judge Decides Mar 1, 2008
Bonds has denied knowingly taking steroids and disputed in Feb. 21 court filings that the U.S. has credible or admissible evidence of a positive drug test. Double Jeopardy. (Bloomberg -- US)
Athletes as role models: 'I could teach you what not to do.' Feb 8, 2008
Hardin is probably right about this much: Whatever McNamee has probably won't rise to the level of admissible evidence in a real court. There are chain-of-custody issues, McNamee's timing is suspicious and the fact he kept those items so long casts doubts on his motivation in the first place. (San Diego Union-Tribune -- Sports)
Mexican Robin Hood figure gains a kind of notoriety abroad Feb 8, 2008
Courts in California, Kansas, Nebraska and Texas have ruled that Malverde trinkets and talismans are admissible evidence in drug and money-laundering cases. "It's not a direct indication of guilt, but it would definitely be used in combination with other things" like piles of cash, baggies and scales, said Jos. (International Herald Tribune)
Google Appeal Carries Big Evidence Issue Feb 2, 2008
Santa Clara County Superior Court Judge William Elfving didn't render formal rulings on the objections, but in granting summary judgment for Google he said he relied on competent and admissible evidence. "As a result, Google's objections to evidence were never considered, yet all of Reid's evidence was considered by the court of appeal, regardless of its patent inadmissibility and complete lack of probative value," Google's attorney, Fred Alvarez, a partner at Palo Alto, Calif. (Law.com)
'We Have An Innocent Boy In Prison' Jan 23, 2008
" Case has made headlines Although the results would not be admissible evidence in court, campaigners in Liverpool believe that they add weight to their long battle.Councillor Joe Anderson said: "We feel this is very significant, given that the British Government have allowed the test to happen, it is another milestone for us. "Michael Shields' supporters will now meet Justice Secretary Jack Straw and hand over the results and a dossier of information which includes details of a witness who is... (Sky News)
Opinion divided on Mitchell report's impact in Bonds' trial Dec 16, 2007
"But in a court of law, it remains to be seen whether the report produces any admissible evidence.". In 2003, Bonds told the federal grand jury investigating the BALCO steroids scandal that he had never used banned drugs. (San Francisco Chronicle)
Horford's a class act! | Hawks Dec 13, 2007
Finally, AH s reaction immediately after the play showed there was no intention to injure (these kinds of expressions are even admissible evidence in court). Your comments show just how clueless and classless you are. (Atlanta Journal-Constitution -- Opinion)
Pring-Wilson jury is deadlocked Dec 11, 2007
In 2004, a jury convicted him of manslaughter, but a judge ordered a new trial after a Supreme Judicial Court ruling on admissible evidence. Yesterday, Judge Christopher Muse said he would issue new instructions to the jury this morning. (Boston Globe)
Fate of killer convicted in 1981 Orlando-area case lies in DNA Dec 10, 2007
Brevard Assistant State Attorney Michael Hunt, who helped prosecute Dillon in 1981, said recently that the state uses credible, admissible evidence in every case. The cellmate used in Dillon's case, Hunt said, was not rewarded for testifying. (Orlando Sentinel -- Sports)
Leader: Positioning before principle Dec 8, 2007
And what sort of debate could there usefully be when the whole problem is the lack of admissible evidence. The safeguard that counts is provided by the independent judiciary. (Guardian Unlimited -- UK)
Robert Massi: Celebrity Justice and the Armchair... Dec 5, 2007
After all, our criminal legal system was created to promote an emotion-free, third-party process for determining innocence or guilt based on admissible evidence. Of course, there are the judges and jurors and lawyers who secure book deals and exclusive interviews, reaping a financial windfall from their participation in these high-profile cases. (Fox News)
Superbug hospital will not be prosecuted Nov 18, 2007
Sandra Caldwell, HSE director of field operations, said: "On the basis of the evidence available, HSE did not find sufficient admissible evidence to be able to bring criminal proceedings against the trust, alleging a link between management failures and particular deaths.". It did point to a lack of contingency plans to help managers respond to any outbreak, and made recommendations. (Reuters UK)
Feds Indict Smuggler Shot by Jailed Agents Nov 17, 2007
"I have repeatedly said that if we obtain sufficient competent and admissible evidence against Aldrete, we would prosecute him.". Aldrete's shooting and the subsequent arrest and conviction of Ramos and Compean caused a national firestorm among conservative lawmakers and others. (Fox News)
Drug Smuggler Shot by Border Agents Indicted Nov 17, 2007
"I have repeatedly said that if we obtained sufficient competent and admissible evidence against Aldrete, we would prosecute him," Sutton said in a statement. 2007 Associated Press. (Newsmax)
Bug hospital avoids prosecution Nov 16, 2007
The Health and Safety Executive ruled there was not enough admissible evidence to prosecute Stoke Mandeville Hospital bosses in Buckinghamshire ... On the basis of the evidence available, HSE did not find sufficient admissible evidence to be able to bring criminal proceedings against the Trust, alleging a link between management failures and particular deaths ... But added: "On the basis of the evidence available, HSE did not find sufficient admissible evidence to be able to bring criminal... (BBC News -- Health)
Rwanda: Country Scoffs At Amnesty Claims Nov 3, 2007
The release also states in part that 'various governments where suspects reside should immediately start proceedings in their own courts applying universal jurisdiction laws to investigate and, where there is sufficient admissible evidence, prosecute the horrific crimes committed during the Genocide on behalf of both the Rwandan people and the international community. . (allAfrica.com)
7 Are Acquitted in Madrid Bombings Nov 2, 2007
Mr. Reinares, the expert on terrorism, said the tribunal appeared to have been very strict in its definition of admissible evidence. It seems he has not admitted the extraordinary mass of circumstantial evidence, Mr. Reinares said. (New York Times)
First Rights: Opening courtrooms closed by Bush Nov 1, 2007
And in the report, even this nonlawyer recognized the name of John Henry Wigmore, for decades the key legal writer on admissible evidence. When government insists that it has sole authority to keep its evidence secret, said Wigmore: "The truth cannot be escaped that a court which abdicates its inherent function of determining the facts on which admissibility of evidence depends, will furnish to bureaucratic officials too ample opportunities for abusing the privilege. ... Both principle and... (Hanford Sentinal, CA)
Defense: Pattern to victim's claims Oct 22, 2007
It will be up to a judge to determine whether the woman's history will be admissible evidence at trial. Four years ago, Scott's accuser reported a similar incident at Moravian College, telling Bethlehem police she was raped by student Christopher Burgan in his dorm room, according to court documents. (Daily Collegian, PA)
Harassment suit against LAPD official dropped Sep 21, 2007
"In the courtroom, the judge said it perfectly: There is no admissible evidence to support the plaintiff's claims," said Berkow, who had not previously discussed the case publicly ... She "presents no admissible evidence that she ever applied for, and was denied, any position which was given to any other female officer who was allegedly having an affair with Berkow," Fahey wrote. (San Francisco Chronicle -- Crime)
E-Discovery 'Fiasco' Stalls Case, Hikes Costs Sep 20, 2007
"Attachments to e-mails are important and useful and may assist Alberici in presenting admissible evidence to its Counterclaims.". Although acknowledging, "the cost of retrieval in this matter is by no means cheap," the magistrate judge wrote that it may not be as high as the $206,000 estimated by PSEG. He noted that lower-cost alternatives could be available, and that Alberici's own information technology vendor estimated that it could do the job for $37,500. (Law.com)
McCann police 'have diary copy' Sep 14, 2007
----------------- ----------------- RELATED BBC SITES. Last Updated: Thursday, 13 September 2007, 16:14 GMT 17:14 UK. (BBC News -- UK)
No decision yet in Dunagan case Sep 5, 2007
As of Thursday afternoon, the Honorable Judge William Stewart had not yet completed a written decision concerning admissible evidence in the Eugene Dunagan case ... At issue in the decision regarding admissible evidence is testimony from the second alleged victim, a videotape, and testimony from the Colfax police chief and another Colfax police officer. (Menomonie Dunn County News, WI)
College Football: Sorry tale a knife-wielding punter Aug 21, 2007
His family has promised to appeal, citing a polygraph test he passed that was not admissible evidence. "For me, it was pretty clear what happened, except we didn't get a conviction on a murder charge because there wasn't a witness to say that Cozad had gone for Mendoza's chest," said Buck, who added: "What makes you so disgusted is that you realize what was done for something so stupid.". (International Herald Tribune -- Sports)
PADILLA: WE GOT LUCKY Aug 20, 2007
The prosecution in the Padilla case had one very strong piece of admissible evidence: a five-page application to attend an al Qaeda training camp in Afghanistan ... And to prevent attacks, we need precisely the sort of investigative work that often fails to produce admissible evidence. (New York Post -- Opinions)
Closure of Crown's case career milestone for Pickton prosecutor Aug 20, 2007
"Anyone who is accused is presumed innocent, and really what a trial is about is to determine whether the Crown has been able to prove with admissible evidence, beyond a reasonable doubt, what they have alleged against the accused.". During court breaks Petrie relishes a few minutes of reflection smoking a cigarette on the courthouse patio. (News1130)
Smuggler's Partner Pleads in Border Agents Case Aug 8, 2007
Sutton has said, "I would like nothing more than to have a prosecutable case against Aldrete - one based on competent, admissible evidence.". According to documents from the Drug Enforcement Administration, dated October and November 2005, Ortiz-Hernandez and another Texas man, Armando Vasquez, were arrested in connection with the marijuana case. (Newsmax)
Judge rules out Dyer as a defendant in civil lawsuit Aug 1, 2007
"I don't see any admissible evidence that he even had any knowledge this was going on."The judge said the same for Capt. Greg Garner, dismissing claims against him. Neveu's claims against three other defendants, Deputy Chief Darrell Fifield, Lt. Dennis Montejano and Lt. Keith Foster, were dismissed because of prior motions. (Fresno Bee -- Local)
Judge dismisses Condit lawsuit against Ariz. newspaper headline Jul 23, 2007
"There is no admissible evidence from which a reasonable jury could conclude that the reporter or publisher ever had any doubt about the truth of the statement or that they acted with reckless disregard of its truth or falsity," Hoffman's ruling said. Condit attorney Jeff M. Brown of Boca Raton, Fla. (Fresno Bee -- State)
Condit libel suit whisked away Jul 22, 2007
"[Condit] has not provided any admissible evidence from which a reasonable jury could conclude that the sentence as published was not substantially true," Hoffman noted. "His affidavit ... does not deny that he lied to investigators."More generally, Hoffman added, Condit "did not admit or deny [questions] regarding whether he admitted to investigators that he had a romantic and/or sexual relationship with Chandra Levy."Without a more complete response from Condit, the judge determined the libel... (Fresno Bee -- Local)
Ex-Border Agents' Supporters Hopeful After Senate Probe Jul 20, 2007
"There is an ongoing investigation (although we almost never acknowledge such things) and as sufficient credible and admissible evidence is developed, we will seek to prosecute all involved in the October load," Sutton told Cybercast News Service in a statement Wednesday ... "I would like nothing more than to have a prosecutable case against Aldrete -- one based on competent, admissible evidence.". (CNSnews.com)
Senators probe prosecution of imprisoned Border Patrol agents Jul 18, 2007
"But we don't charge people until we have competent, admissible evidence in court.". Sutton who previously apologized for the "passion" of his answers, explaining the hearing was his best opportunity to explain his side to the American people then summed up his view of the case. (WorldNetDaily)
Armageddon Strikes NPP Jul 14, 2007
But, you cannot claim to be percipient and continue to disregard the kind of admissible evidence that even a kangaroo court would find difficult to slough off. For the President to throw his mighty weight behind a candidate in a contest over-packed with heavyweights would smack of the kind of amateurish sordidity one would normally not associate with a seasoned politician like His Excellency the President. (Ghana Web, Ghana)
Court Awards Photographer 10% of Copyright Infringement Award Sought Jul 10, 2007
This figure, however is unsupported by any admissible evidence, such as an affidavit ... The court acknowledged that there was some revenue lost to [the] plaintiff, even if the record contains no admissible evidence as to the amount. (Ghana Web, Ghana)
Kufuor to support Kyerematen? Jul 9, 2007
" And, to ensure they keep it, the leadership was extremely careful about the historical grounding of presidential candidates. President Kufuors major pre-occupation, one would assume, is still to seek to maximise opportunities for his party to choose from a rich number of candidates who have not only what it takes to transform the Ghanaian economy, but equally so a clear sense of this countrys history and its chapters of pitfalls. The fear is that the NPP ship has become game for the... (Ghana Web, Ghana)
Napolitano signs bill to tighten law Jul 4, 2007
But there has been a dispute with judges in some counties sayingthey don't have enough legally admissible evidence to concludthat someone did, in fact, cross the border illegally. On Monday Napolitano signed a law which spells out what factors acourt must consider in determining when someone is herillegally. (Douglas Daily Dispatch, AZ)
Ex-detective points finger in long-unsolved killings Jun 29, 2007
"No matter what people think or their opinions, what matters to the state is to have admissible evidence that we can use in court to prove someone's guilt beyond a reasonable doubt," Strelzin said. The passage of time usually hurts an older case, but it can also help, he said. (Boston Globe -- Local)
Judge allows creditors to see Enron-Goldman Sachs documents Jun 23, 2007
Whether Project Truman was brief and exploratory or more substantial, it is relevant to the transactions at issue, Gonzalez wrote, adding that the documents could lead to admissible evidence. The judge also rejected a suggestion from Goldman Sachs that only he be allowed to review the documents. (San Diego Union-Tribune -- Business)
Border Agents Jun 21, 2007
As for Davila, Sutton said: "As soon as we have sufficient, competent admissible evidence to charge him with a crime, we will do it.". Justice Department spokeswoman Kimberly Smith said her department is "committed to working with Congress to answer questions and educate the public on the facts of the Ramos/Compean prosecution and has provided numerous documents explaining the court record and facts of the case to members of Congress," including statements, transcripts and other information. (Fox News -- Politics)
Ross: Annexation of Mexico Jun 19, 2007
Although these conversations will be officially recorded by Mexican authorities, the chatter will be admissible evidence in U.S. courts. Mexico's monopoly telephone company, Telmex, owned by Carlos Slim, the third richest man on the planet, tells reporters that it will comply with the government's eavesdropping plans. (Zmag.org)
Tough question for U.S. candidates: What to do with Guantanamo? Jun 18, 2007
A second tranche - detainees deemed too dangerous to be released but unlikely ever to be charged, possibly because of a lack of admissible evidence - poses a different problem. They could languish in limbo, perhaps indefinitely, as prisoners of war in a war without end. (Globe and Mail -- International)
Vt. priest sex case goes to trial Jun 16, 2007
"There are indeed substantial questions of law, including what is proper admissible evidence with respect to (the victim's) claims and (the victim's) facts," Diocese lawyer David Cleary said Friday. "Unfortunately, the case will not be tried in that limited atmosphere," he said. (Newsday -- New York City)
S.C. Court Rejects Killer's Zoloft Defense Jun 12, 2007
Today the high court ruled that the trial court did not err in excluding the anecdotal evidence on Zoloft, as there was "an abundance of other admissible evidence found to be reliable.". The defense also made a motion regarding juror misconduct. (CBS News -- US)
No kidnap charges filed Jun 8, 2007
"A determination has been made that at this time, a reasonable probability of success on the merits, based on the admissible evidence at trial...does not exist," DA Myrl Serra said in a press release. The decision does not preclude charges in the future, he said, but declined further comment because the case was still under investigation. (Montrose Daily Press, CO)
Conrad Black's Diamonds, Servants' Park Avenue Apartment May Sour Jurors May 24, 2007
Updated: New York, May 24 03:22 London, May 24 08:22 Tokyo, May 24 16:22. Black's Gems, Servants on Park Avenue May Sour Jurors (Update1). (Bloomberg -- Canada)
Woman sues deputy in death of husband May 23, 2007
t may lead to admissible evidence, he said ... Hicks argued it occurred close to midnight, so the following day's logs were likely to carry admissible evidence ... Hoort noted there may have been an attempt to serve the warrant the day before and agreed it could lead to admissible evidence. (Ionia Sentinel-Standard, MI)
Federal court to hear Afghan detainee challenge today May 3, 2007
"Articles in The Globe and Mail should not be admissible evidence," the government argues in a 32-page brief. Videos. (Globe and Mail -- National)
Column: Duke rape case shows why censoring names of victims is bad idea Apr 17, 2007
Unlike issues involving government policy that might influence a voter's decision or action, the public never needs to know the accuser in a rape case in order for a jury to make a decision based on admissible evidence. Ideally, only the jury should know the particulars of the case, and the community should only know what is necessary for their safety, as in a case where a violent predator is on the loose. (Mattoon Journal-Gazette, IL)
ABCNEWS REPORTER: DON'T FEEL TOO SORRY FOR THE DUKIES... Apr 14, 2007
It would not be admissible evidence in a court of law. The only thing these boys and the members of the lacrosse team are guilty of is being college boys. (The Drudge Report)
Court overturns homeless man's murder convictions Apr 12, 2007
"In this case, there was little admissible evidence tending to demonstrate that Soper committed the Olson killing," the appeals court opinion stated. The opinion also stated that a "considerable amount of evidence of Soper's guilt" in Rigby's death existed, but it was not "overwhelming.". (North County Times)
Family launches suit over killing Apr 12, 2007
"It is important for racial harmony in this city that this case be tried by an impartial jury, having placed before it all legally admissible evidence," he wrote. That trial never happened. (Globe and Mail -- National)
Plaintiff Can't Add Deep Pockets to Stadium Dram Shop Retrial Apr 6, 2007
Mazie says he recognizes that the appeals court set strict parameters on admissible evidence. But he says the defense, by asserting that concession workers were trained not to serve visibly intoxicated fans, opens the door to asking whether the concessionaire's policies were violated. (Law.com)
Computer data in school shooting case can't be used in court Apr 3, 2007
It is time the world remembered it. "The e-mail wasn't mentioned in applications for a search warrant to seize the computers, and Woodall said the deputies might have had probable cause to take the computers if they had provided more information at the time.Authorities have said Castillo was obsessed with the 1999 shooting in Littleton, Colo., and other school shootings.Sheriff's deputies found Castillo's father, Rafael Huezo Castillo, dead after the incident at Orange High School.Castillo is... (Foster's Daily Democrat)
Sinclair, Bassett cleared at tribunal Apr 3, 2007
While not considered admissible evidence by chairman David Jones, player advocate Iain Findlay, who represented both players, said during Sinclair's case Collingwood had rung the Kangaroos offering to have Lonie appear before the tribunal. 2007 Brought to you by. (Sydney Morning Herald -- Sport)
»DA says emphasis on domestic violence pays off Mar 25, 2007
Evidence must show that probable cause exists through other competent and admissible evidence. Law enforcement offices are allowed to make warrantless arrests in domestic violence cases where there is probable cause. (Rockingham Daily Journal, NC)
Lover says stripper cast her spell over many Mar 21, 2007
Lie detector results are not admissible evidence in Alaska courts, the judge said. Hilke said he remained in contact with Linehan on and off until as recently as 2005, when they had an affair while married to others. (Anchorage Daily News)
SLOTA GIVES CITY COUNCIL REPORT REGARDING AUDIT RECOMMENDATIONS Mar 8, 2007
Under threat of a lawsuit, it was necessary to secure court admissible evidence about the location of the sign. It turns out that the sign was not simply echnically within the public right-of-way, but five feet within the public right-of-way. (Gridley Herald, CA)
Investigation vindicates Cromwell police Feb 27, 2007
" A previous in-house investigation conducted by an attorney at the request of then First Selectman Stanley A. Terry, had cleared the police of any wrongdoing. Waters had declined to participate in that investigation and later challenged its validity, charging it was undertaken without the approval of the Board of Selectmen. Liston said prosecutors "rely on police to conduct thorough, complete and fair investigations, to develop reliable, credible admissible evidence to sustain the state's... (Middletown Press, CT)
LOCOLG stalling county's court case, Attorney charges Feb 26, 2007
In the motion, the council's attorney, David Brown, said the subpoena 'consists of 26 overboard, unduly burdensome document requests which are not reasonably calculated to lead to the discovery of admissible evidence. . (Camdenton Lake Sun Leader, MO)
