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exculpatory evidence definition
2.913 documents for exculpatory evidence definition
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The US' formulation of detention policy for Guantanamo Bay enemy combatants has not exactly taken the path of least resistance. The rules governing military detentions at Guantanamo have emerged as the product of an expansive dialogue, vacillating and at times contentious, between the Executive, Legislative, and Judicial Branches. In Boumediene v. Bush, the latest chapter in this ongoing discussion, the Supreme Court held by a vote of five to four that Guantanamo detainees possess a constitutional privilege of habeas corpus. This note demonstrates that to the contrary, the DC District Court's post-Boumediene mandate to design procedures for the Guantanamo detainee habeas proceedings, as well as its adjudicatory role in the disposition of these proceedings, substantially impact the inter...
... most divergent: the disclosure of exculpatory evidence and the regulation of discovery. An analy... Kessler explicitly includes within her definition of exculpatory evidence "any evidence of abusive t...
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... corpus relief on the ground that exculpatory evidence was withheld from him. Because his petiti... evidence comes within Brady's broader definition of exculpatory evidence, the petition must still b...
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... defense" through the presentation of exculpatory evidence and testimony. (1) In articulating the sc...'s compulsory process "materiality" definition apparently walks with the Court's stringent defini...
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... grand jury transcript[s] containing exculpatory information," "affirmatively redacted" exculpatory...By definition, Brady violations involve the withholding of mater...
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... applies to habeas actions, which, by definition, "relate to . . . detention" within that section's...The evidence as to the writ's geographic scope at common law is..., and to admit and consider relevant exculpatory evidence that was not introduced during the earlie...
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... he had a due process right to access the evidence used against him in order to subject it to DNA tes... on the prosecutorial duty to disclose exculpatory evidence under, e.g., Brady v. Maryland, 373 U. S....S., at 87would, by definition, undermine respondent’s guilt or punishment if h...
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This article explores the competing interests between director authority and accountability within the doctrinal developments underpinning the arguments for and against director oversight liability. The historic losses suffered by companies entangled in the web of subprime mortgages, collateralized debt holdings, and the ensuing credit crisis have brought the role of corporate directors as risk managers under renewed public scrutiny. Directors' authority and their accountability to shareholders are two critical pieces to striking the appropriate balance among the roles, rights, and responsibilities of directors, officers, shareholders, and other corporate constituencies who operate within the corporate power puzzle. Numerous shareholder derivative suits brought in the wake of such losse...
... liability are (1) the prevalence of exculpatory provisions in charter documents, (2) the recent in... to much debate about their proper definitions, analysis, application, and harmonization. For exa... liability for duty of care cases;89 evidence of even gross negligence is insufficient to hold a...
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...By definition, if the case--absent additional evidence--is alrea... to fact-finders that his or her exculpatory testimony is true and that there are no specific r...
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... the Client; (3) If the Item Has Exculpatory Value; and (4) When Return Is Impossible E. When a... her conduct otherwise falls within the definition of [section] 1512(c). (77) . A lawyer may receive ...
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... from introducing into evidence exculpatory statements made during plea discussions. Section H... of statements meet the Rule 801(c) definition of hearsay. A plea offer is a statement made by th...
