"The issue in this case is evidentiary," Justice Breyer said.
"These are evidentiary matters to be decided in the courtroom," he said.
"We all know that there are evidentiary issues with prosecutions of people for offences abroad.
What we are talking about is evidentiary support — highly relevant and admissible — as to whether or not the defendant reasonably believed that her life was in danger.
The man did not have information useful to Glossip's team, he said, but the call is evidentiary of "how investigation has gone".
Using computerized navigational aids, the tools were guided to exact spots were evidentiary samples could be taken.
The concept that all research is not of equal evidentiary evidence value is not a new one and is the basis of the evidence pyramid [72].
These four kinds of concern may be called evidentiary, cautionary, channeling, and deterrent.
In the view of the Fourth Circuit, the reason for the failure was immaterial; if an inmate had "failed to develop" his claim, there could be no evidentiary hearing in federal court.
It was meant to be an evidentiary rule that triggers court review of whether disclosing specific documents would jeopardize national security, not a mandate to judges to dismiss entire cases.
