Therefore, he maintains, it makes no difference that the determination of evidentiary insufficiency was made by a reviewing court since the double jeopardy considerations are the same, regardless of which court decides that a judgment of acquittal is in order.
"The trial court based its finding of Tymoshenko's guilt on factual determinations that had evidentiary support in the trial record," the lawyers wrote.
Such markings can be used to determine whether evidentiary bullets were fired from a suspect weapon.
The evidentiary preemption provision would then make these safety determinations both automatically admissible in any litigation and force both federal and state courts to recognize the EPA's conclusions as "determinative of whether the substance meets the safety standard under the conditions of use addressed in the safety determination".
Rule 12(b)(1) of the Federal Rules of Criminal Procedure, which cautions the trial judge that he may consider on a motion to dismiss the indictment only those objections that are 'capable of determination without the trial of the general issue,' indicates that evidentiary questions of this type should not be determined on such a motion.
In all these circumstances, "the fact that the acquittal may result from erroneous evidentiary rulings or erroneous interpretations of governing legal principles affects the accuracy of that determination, but it does not alter its essential character". United States v. Scott, 437 U. S. 82, 98 (1978) (internal quotation marks and citation omitted).
The information provided to the Federal judge by way of an affidavit from the FBI would document its investigation, its sources, and its evidence to justify the probable cause determination; it would not be pointing to the Steele Dossier as its evidentiary source.
Furthermore, we would vacate and remand the remedial order even were we to uphold the District Court's liability determinations in their entirety, because the District Court failed to hold an evidentiary hearing to address remedies-specific factual disputes.
I do not find any legal basis for the majority of this court to simply cast aside the determination by the trial judge made on the proof presented at a two-day evidentiary hearing that the evidence did not support a statewide recount.
In fact, Philippine courts -- including its Supreme Court -- are consistent in ruling that because the evidentiary test for purposes of bail is distinct from the test of proof beyond reasonable doubt, any determination in bail hearings and bail motions do not bear upon the substance of the case, or the case-in-chief.
