Then, in a virtually unprecedented move, the Court invited William T. Coleman, Jr. to argue the government's position in an amicus curiae brief, thus ensuring that the prosecution's position would be the one the Court wished to hear.

Unedited interviews in which the prosecution's witnesses systematically contradicted themselves were used as testimony in Adams's 1986 habeas corpus hearing to determine if he would receive a new trial.

Such cases may be dismissed based on lack of evidence as the illegally obtained evidence would not be allowed to be the basis of the prosecution's case ( called the " fruit of the poisonous tree " doctrine ).

Most observers agreed that the prosecution's case was floundering ( aided by the admission of government witnesses on the stand that they would " go to any length " to combat the radicals.

The prosecution's theory was that, in a five-to ten-minute absence from the camp fire, Lindy returned to her tent, did whatever was necessary to stop her young son Aidan from following her, changed into track suit pants, took Azaria to her car, obtained and used scissors to cut Azaria's throat, waited for Azaria to die ( options were carotid arteries or jugular – all experts said there was an absence of evidence of arterial bleeding on the jump suit blood stains and it would take up to 20 minutes if the death was from cutting the jugular ), hid the body in a camera case in the car, cleaned up blood on everything including the outside of the camera case, removed the tracksuit pants, obtained baked beans for her son from the car, returned to the tent, did something to leave blood splashes there and brought her son Aidan back to the campfire without ever attracting the attention of other campers except for camper Greg Lowe who gave evidence that he observed her to go to the tent with Azaria and Aidan and then walk to the car with her left arm around Aidan and her right arm unimpeded.

It became a central plank of the prosecution's case that the father had made no such call, and that the only reason Bamber would have lied about it — indeed, the only way he could have known about the shootings — was that he was the killer himself.

A notable contemporary example of this tactic was the claim by the defense in the Roger Clemens perjury trial to have the charges against Clemens dismissed due to " prosecutorial misconduct ", i. e. that the prosecution intentionally introduced video evidence which Judge Reggie Walton had ruled inadmissible, for the purposes of getting, in the words of the defense, " a second bite at the apple ", due to the prosecution's alleged poor performance.

The lawyer uses the time to manipulate those financially interested in the trial to have their private detective recant his testimony, which was the final remaining weapon in the prosecution's arsenal.

Demurrers and special pleas have been abolished in United States criminal procedure: an attack on the prosecution's case prior to trial is generally made by means of motion to dismiss.

After so many witnesses ' stories crumbling under cross-examination, Bate's testimony must have seemed to be the final blow to the prosecution's case.

Nichols's wife Marife testified as a defense witness, but her story may have helped the prosecution's case.

" He neglected to mention that the prosecution's concealment of the odontologist's report that cast doubt on Ray's guilt prior to his first trial indicates they may have knowingly prosecuted an innocent man.

Typically, it overrules constitutional decisions only when their doctrinal underpinnings have eroded, and the majority justices found, in 2000, both that it had intended Miranda as an interpretation of the Constitution, and that " If anything, our subsequent cases have reduced the impact of the Miranda rule on legitimate law enforcement while reaffirming the decision's core ruling that unwarned statements may not be used as evidence in the prosecution's case in chief.

The prosecution's case was further undermined after it had spent a great deal of effort to link the 13 wounds which Professor Sikorsky had discovered on a part of the murdered boy's body with the importance of the number thirteen in " Jewish ritual ," only to have it revealed later that there were actually 14 wounds on that part of the body.

He spoke with witnesses whose testimony implied that Squires and her family could not have abducted Canning, and he interviewed several of the prosecution's witnesses, some of whom recanted their earlier testimony.

Though it is true that the prosecution is not required to search for exculpatory evidence and must only disclose the evidence it has in its possession, custody or control, the prosecution's duty to disclose includes all information known to any member of its team, e. g., police, investigators, crime lab, etc.

After the defense had established doubts about the prosecution's case, Judge Spicer released Holliday and Wyatt from jail to rejoin their families in time for Thanksgiving.

It was the military prosecution's contention that Calley, in defiance of the rules of engagement, ordered his men to deliberately murder unarmed Vietnamese civilians despite the fact that his men were not under enemy fire at all.

Calling the prosecution's case " fiction ", Sonenberg suggested that Levy had been murdered elsewhere, with her dead body being dumped in the park.

The trial commenced with the prosecution's opening statements on February 12 ; prosecutors Andrew Maloney and John Gleeson began their case by playing tapes showing Gotti discussing Gambino family business, including murders he approved, and confirming the animosity between Gotti and Castellano to establish the former's motive to kill his boss.

The judge is presented with the basis of the prosecution's case, and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel.

The jury in 2006 completely disagreed with the prosecution's assertions and her earlier conviction from 2002 was overturned.

This evidence had been known to the prosecution's pathologist, Alan Williams, since February 1998, but was not shared with other medical witnesses, police or lawyers.

Lee's first trial ended inconclusively with a hung jury, seemingly because of the prosecution's misguided attempt to portray Brigham Young as the true mastermind of the massacre.

On 11 February 2009, after 71 witnesses had already been heard and with the expected conclusion of the prosecution's case just seven hours away, the presiding judges suspended Šešelj's trial indefinitely at the prosecutors ' request.

The prosecution's case was that Bamber had killed his family to inherit their estate, which included £ 436, 000, the farmhouse where the murders took place, of land, and a caravan site in Maldon, Essex, called Osea Road Camp Sites Ltd. Because of his conviction, the estate passed instead to his cousins, some of whom were involved in finding the crucial evidence against him — the gun's silencer in the farm's gun cupboard with a fleck of blood on it.

By destroying the credibility of the prosecution's key witness through exposing contradictions with other eyewitnesses and the witness's self-admittedly false statements ( such as about his prior criminal record ), Turner won an acquittal for Gideon.

In hiding, Massino was able to see the prosecution's strategy and better plan his defense as well as eventually face trial without association with other mobsters.

The second act continues the prosecution's case, with Flint calling John Graham Whitfield, Faulkner's father-in-law and president of Whitfield National Bank.

The prosecution's witnesses portray Rickey as a corrupt NBA superstar with a history of violence who indulged in gambling and prostitutes.

Judge Fletcher wrote, " Deputies misrepresented his recollections and gradually shaped his testimony so that it was consistent with the prosecution's theory that there was only one killer.

The Demon trial ended with a guilty verdict, the prosecution's argument to the jury being based on the claim that " comics are for children " and that the item was therefore designed to appeal to children, and the fact that the store was across the street from an elementary school.

The chief counsel of the defence agreed with the prosecution's accusation, which caused Bikindi to refuse to be represented by him any further.

Their combined hard work, talents and experience eventually overcame the local Bahamian and Miami Police-assisted standards of investigation and prosecution, as the defense team found serious flaws with the prosecution's case.

Wuterich's trial has been delayed due to ongoing litigation regarding the prosecution's access to unaired footage from 60 Minutes interview with Wuterich.

In court the next day, Wolfram & Hart moves for dismissal, but Angel shows up in the nick of time with a now-docile gangbanger, the prosecution's key witness.

The prosecution's " grooming " theory held that Jackson used alcohol to lower Gavin's inhibitions in order to molest him, and the accuser testified that the first time he was molested, he and Jackson had just come " back from drinking in the arcade.

:: Kambanda's decision to defend himself for four months was scarcely recorded in the court's proceedings, and when he opted for counsel, the first act of the counsellor ( who is characterized as ' inept ') was to sign a confession to the prosecution's case.

Representative Mike Doyle and Representative John Conyers, questioned the prosecution's tactics in the aftermath of the first trial and instituted Congressional hearings on the matter.

The prosecution's witnesses testified that Tom McLaury was unarmed, that Billy Clanton had his hands in the air, and that neither of the McLaurys were troublemakers.

The defence then introduced medical evidence claiming that she had been suffering from a partial complex seizure ( an unusual form of epilepsy ) at the time of the killings, while the prosecution's medical evidence maintained that she was suffering from only mild migraine on that day.