Even though Kozinski has done nothing wrong, he is being pressed from all sides to disqualify himself from the federal trial of smut producer Ira Isaacs, presumably on the theory that because Kozinski has viewed pornography, and owns pornography, he cannot be objective in making evidentiary and legal rulings in the case.
However, since the custodian acts as the corporation's representative, the act of production is deemed one of the corporation, not the individual, and the Government may make no evidentiary use of the "individual act" of production against the individual.
While this general statement applied by its terms only to one who was ultimately indicted by the grand jury, its reasoning applies with like force to one who seeks to make an evidentiary challenge to grand jury proceedings on the basis of his status as a prospective witness.
But once they make material evidentiary assertions, they better have the evidence.
Thus, not only defense counsel and the trial court but the Government as well seemed in agreement that the trial court had made an evidentiary ruling based on its interpretation of the indictment.
Parallel to the lottery scamming of Jamaican crews, the CARICOM Reparations Commission CRCC) Ten Point Plan for Reparatory Justice, is presented as another claim for reparatory justice, albeit one that makes direct evidentiary claims to reparations for slavery and its postcolonial effects.
In the absence of additional data and/or better variation, policymakers and researches must settle for making an evidentiary meal with whatever stray morsels the data and variation cupboard contains, as we ourselves have done in this paper.
The district court made numerous evidentiary rulings, in limine and at trial, that unconstitutionally restricted their ability to defend against the charges.
Second, the courts cannot simply "take the creditor's word for it" that the LLC only has one member, and that member is the debtor, but instead must take evidentiary submissions from the parties on the issue and make a finding of fact based on those submissions.
