1792, 100 L.Ed.2d 284 (1988), the question "is not whether the legally admitted evidence was sufficient to support" the verdict; rather, the question is "whether the prosecution has proved 'beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.' " Id., at 258-259, 108 S.Ct., at 1798-1799, quoting Chapman v. California, 386 U.S. 18, 24, 87 S.Ct.
The central issue of the Jogee case, published on the supreme court website, is "whether the prosecution must prove that a secondary offender, who encouraged the primary offender to commit some harm, foresaw the primary offender's acquisition and use of a weapon for murder as 'probable' rather than 'possible' in order to establish joint enterprise".
If the only test is whether a prosecution is "possible", some defendants will escape both extradition and prosecution.
"The question is whether the prosecution will be able to explain that to a jury". The prosecution's theory is that the murders occurred about 10 15 or 10 20 p.m., when Nicole Simpson's Akita started wailing plaintively, according to seven witnesses.
The sole question presented to a court is whether the subsequent prosecution is related to the substance of the compelled testimony.
In continental European law, on the other hand, the question is whether the second prosecution concerns the same "material fact" or "historical event," and the state cannot subject a person to a second trial for any offense arising out of the same factual situation.
"The challenge this case presents is whether a domestic prosecution in the federal courts can be treated as hermetically sealed from potential sources of exculpatory evidence that, while outside the country, are nonetheless within the federal government's control in a postcombat environment," Mr. Fidell said.
The question, the Court determined, was whether the prosecution's inconsistency should invalidate Stumpf's death sentence.
A central question for the prosecution is whether Minin knew the plane was being used for this illegal purpose.
Indeed, as both sides prepared for their opening statements Tuesday, one of the overriding concerns for the prosecution is whether it can get a fair trial here.
The issue, repeatedly raised by Congressional committees and pursued by the prosecution, is whether those communications, and other information Mr. Lay received in the weeks after he returned to the company, gave him enough knowledge of problems at Enron before he made a series of positive statements about the company's prospects.
