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The court ruled in 1985 that "evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different".
The Supreme Court, in the Citizens United case, did say that disclosure requirements might be thrown out if there is a "reasonable probability" that contributors will be subject to "threats, harassment, or reprisals".
Evidence is "material" only if there is a reasonable probability that, with disclosure, the trial result would have been different.
Expensive trials can only be justified if there is a reasonable probability of success based on prior data.
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Laws requiring disclosure would be unconstitutional, Justice Anthony M. Kennedy wrote, "if there were a reasonable probability that the group's members would face threats, harassment or reprisals if their names were disclosed".
Referrals to secondary care during follow-up were included if there was a reasonable probability of the referral being attributable to urinary tract infections; this was done in consultation with a clinical expert blind to management strategy (PL).
A three-member panel of the Connecticut parole board may release an inmate if it decides that there is a "reasonable probability" that a felon can "remain at liberty without violating the law" and endangering society.
But the fact is, the defendant wins a new trial only if he convinces an appeals court that there is a reasonable probability that the jury would have acquitted.
Brady requires a criminal conviction to be reversed if the government withholds exculpatory (or impeachment ) material, within the government's possession, from the defendant, and there is a reasonable probability that, if such material had been disclosed, the result of the proceeding would have been different ("materiality").
"There is a reasonable probability that we can get most if not all of our money back," he said, though adding that there were situations in which the government could take a heavy loss.
"There is a reasonable probability that this failure to disclose affected the outcome of the trial".
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.
Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com