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But Callaghan said that charge was unsustainable with the evidence proffered and suggested the charges may have to be amended.
Defendant's claims -- that Lindh has no history of violence or dangerous conduct, shows no tendency to violence, had no intent to harm anyone and is a safe bet for release to his parents -- is entirely belied by the facts alleged in the affidavit, by the indictment now before the court and by the additional evidence proffered in this memorandum.
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On petitioner's motion to confirm the Commissioner's recommendation, the District Court inquired of petitioner's counsel whether he had 'any more evidence to offer on the question of domicile.' Since no further evidence was proffered, the court, relying on its earlier opinion in Alton v. Alton, 121 F.Supp.
Eddings arose out of a bench trial in a capital case, and this Court reversed a sentence of death because the trial judge had refused to consider mitigating evidence: "It was as if the trial judge had instructed a jury to disregard the mitigating evidence Eddings proffered on his behalf". 455 U.S. at 114.
Amgen also argues that the District Court erred by refusing to consider the rebuttal evidence Amgen proffered in opposing Connecticut Retirement's class-certification motion.
Dr. Francis X. Shen will examine the promises and limitations of the emerging field of neurolaw, and the ways in which neuropsychiatric evidence is being proffered as evidence in criminal and civil contexts.
The main test of admissibility has been relevance and first-hand [p72] knowledge, not by whom or by what method proffered evidence was obtained.
The evidence that is proffered in support of the view that attention is strictly necessary for consciousness comes from a range of experiments showing the surprising extent to which subjects are ignorant of the items to which they have paid no attention.
Although key network features that could help in the frequency-decoding, conceptual models and partial experimental evidence have been proffered, the previous studies failed to extend their findings to demonstrate how they explain the differential expression of the three subunit genes.
Coombs said that in the course of five weeks of prosecution evidence during the trial, the government had not proffered any evidence that the soldier was trained to be wary of WikiLeaks as a possible conduit to enemy groups.
Finally, other circumstantial evidence, including the motive proffered by the State, also pointed to petitioner's guilt.
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