Jury finds Burley man guilty in sexual abuse case Jan 15, 2008
Gallegos attorney, Dave Haley, tried unsuccessfully Thursday to block the sister from testifying before the jury, saying its potential harm to the defendant outweighs the probative value of the testimony. Cannon countered that it was important for the jury to hear testimony supporting the victim s story. (Burley South Idaho Press, ID)
Anti-War Protester Settles Suit Over Incident at Bush Event Dec 11, 2007
Any "probative value" of Bush's identity, the defense lawyers argued, was "substantially outweighed by the danger of unfair prejudice to defendant.". The defense team proposed that plaintiff Harold Lischner be instructed to testify only that he displayed a sign in opposition of "a presidential candidate.". (Law.com)
Fallon's race-fix trial collapses Dec 8, 2007
"I have reached the conclusion that, even if it was appropriate to admit Mr. Murrihy's expert opinion, its probative value is so limited that very little value can be attached to it.". Millionaire Fallon always denied involvement and his barrister asked the judge: "You have to consider how much it would cost to buy Kieren Fallon.". (CNN -- International)
Q&A: Guantanamo tribunals Dec 8, 2007
A key difference is that any evidence, including hearsay (in which a witness says he/she was told or heard something from someone else), and some obtained by coercion, will be allowed, "if the military judge determines that the evidence would have probative value to a reasonable person". Evidence that contains classified information will be summarised to protect its sources, so the accused will not have a complete picture of the case against him. (BBC News -- Americas)
Race-fixing case against Fallon thrown out of court Dec 8, 2007
"I have reached the conclusion that, even if it was appropriate to admit Mr. Murrihy's expert opinion, its probative value is so limited that very little value can be attached to it.". The defense lawyers said they were demanding two inquiries, one into police testimony during the trial, and the other into why the Crown Prosecution Service proceeded with the case in the first place. (ESPN -- Horse Racing)
Fallon cleared of race-fixing charges Dec 8, 2007
I have reached the conclusion that, even if it was appropriate to admit Mr. Murrihys expert opinion, its probative value is so limited that very little value can be attached to it. . (MSNBC -- Sports)
Fallon race-fixing case collapses Dec 7, 2007
I have reached the conclusion that even if it was appropriate to admit Murrihy's expert opinion, its probative value is so limited that very little value can be attached to it. "However the CPS defended its decision to bring Fallon and five others - jockeys Fergal Lynch and Darren Williams, Lynch's brother Shaun, barman Philip Sherkle and Miles Rodgers, a former racing syndicate director - who were accused of plotting to stop horses running on their merits so a betting syndicate, run by Rodgers,... (Guardian Unlimited -- UK)
Honor aims to clarify bylaws Dec 5, 2007
The ad-hoc committee proposed that evidence shall be inadmissible when its "probative value is far outweighed by its potentially unfair prejudicial effect on the panel," according to the amendment. In response to the approval of the amendment, Medical Rep. (The Cavalier Daily, VA)
Judge: McLean Co. children can testify at White sex assault trial Nov 28, 2007
The only probative value is outweighed by the prejudicial value to our client, said Dison. The judge decided last month that statements from eight of the nine Champaign County students may be introduced at Whites trial. (The Pantagraph newspaper)
Grisly Court Evidence Makes Juries More Likely To Convict Nov 27, 2007
" Provisions in Australian statutory and common law dictate that gruesome evidence is less likely to be excluded in jury trials. A review by Mr Bright and Dr Jane Goodman-Delahunty of cases that have considered the potential prejudicial impact of gruesome evidence, such as postmortem photographs, reveals that Australian trial and appellate judges are reluctant to exclude such material. "Australian case law tends to assume that post-mortem photographs, for example, have little or no prejudicial... (Science Daily)
Supreme Court Takes On 'Me, Too' Age Bias Nov 22, 2007
The appellate court also rejected Sprint's claim that Federal Rule of Evidence 403 kept Mendelsohn's evidence out because the risk of unfair prejudice, confusion or waste of time substantially outweighed the probative value of her evidence. The court acknowledged that Sprint might have to defend multiple discrimination claims in this individual suit, but said that was neither unduly prejudicial nor enough of a burden to outweigh the evidence's value. (Law.com)
FBI's Forensic Test Full of Holes Nov 19, 2007
In a news release dated Sept. 1, 2005, the bureau declared that it "still firmly supports the scientific foundation of bullet lead analysis" but that it was ending the technique because of the questions about its "relative probative value," the "costs of maintaining the equipment" and the "resources necessary to do the examinations.". The bureau also sent form letters to the more than 300 police agencies it had assisted with the science and to the umbrella groups representing local prosecutors... (WTKR.com, VA)
Prosecution seeks to enter motive into Gibbs trial Oct 31, 2007
On June 8, Paulson ruled that the "prejudicial effect of those items outweighs their ah, probative value as far as this particular charge is concerned.". In October, prosecutors asked only to include evidence of the alleged sexual assault said to have occurred on Sept. 13, 2006. (Bismarck Tribune, ND)
Profile: John Yates Oct 23, 2007
"It is for the CPS and those that advise them to decide on the weight, admissibility and probative value of the evidence gathered and to make the decision as to whether there is a case to answer or whether it is in the public interest to proceed to court.". Mr Yates was also at the centre of the row over the shooting of Jean Charles de Menezes at Stockwell tube station last July. (Guardian Unlimited -- UK)
Wives: Don't bite your tongue Sep 27, 2007
The fact that women who self-report that they keep silent during marital disputes are more likely die from heart disease has absolutely no probative value as to whether there's a cause-and-effect relationship between them. "Lead author Elaine" ought to be ashamed of herself for suggesting that it does. (Atlanta Journal-Constitution)
Note to O.J.: Call the Dream Team Sep 18, 2007
We learned about the crucial importance of choosing a jury in a racially charged case, about the probative value of DNA evidence, and about the phenomenon of jury nullification, where the jury acquits notwithstanding the strength of the government's case. We also discovered that it is possible to be acquitted in a criminal case for murder and subsequently lose a civil verdict for wrongful death, owing to the lower burden of proof required in the latter. (Boston Globe)
Nigeria: Civil War in House of Legal Icon Sep 12, 2007
- Whether any probative value can be attached to TEW1- TEW 6. - Whether a judgment sum can be the subject- matter of arbitration. (allAfrica.com)
Appeal rejected in recanted rape case Sep 7, 2007
is so insufficient in probative value and force that it can be said as a matter of law that no trier of fact, acting reasonably, could have found guilt beyond a reasonable doubt. The court ruled that standard was not met in this case and the jury s verdict was reasonable, despite the inconsistencies of the victim s statements. (Chippewa Falls Chippewa Herald, WI)
High-flyer CEO dumped after sex charge hint Aug 23, 2007
Asked if a DVD seized by police contained gay pornography, Mr Finnin replied: "I wouldn't know. What probative value would that have in this case? "The police told my solicitor there was nothing in the computer of probative value. they found nothing because there was nothing to find. (The Age, Australia)
Dumped by Firepower after child sex claims Aug 23, 2007
Asked if a DVD seized by police contained gay pornography, Mr Finnin replied: "I wouldn't know. What probative value would that have in this case? The police told my solicitor there was nothing in the computer of probative value ... they found nothing because there was nothing to find." Mr Garnett will decide the issue on Monday. It was revealed in a document provided to the Cole royal commission into the oil-for-food scandal that in his role at Austrade, Mr Finnin met the owners of the... (The Age, Australia)
Another trial-within-a-trial soon Aug 3, 2007
This is because the trial judge has the discretion to delete from the records at the end of the trial if the prejudicial value of those evidence far outweighs their probative value, he added. Tun Abd Majids view was supported by Abdul Razak Bagindas counsel Wong Kian Kheong. (The Star Online, Malaysia -- News)
Putting the Term "Rape" on Trial Jul 25, 2007
So, when the trial began last October, Mock convinced Judge Jeffre Cheuvront to ban the words rape, victim and assailant from the trial including from Bowen's testimony arguing that such words would be "unfairly inflammatory, prejudicial, and misleading." Nebraska state law holds that "evidence may be excluded if its probative value is substantially outweighed" by the potential for unfair prejudice. Under the language restriction, Bowen testified that Safi "was inside of me and on top of me"... (Time.com)
Coroner suppresses Brimble tapes Jul 21, 2007
Ms Milledge said the tapes had an "important probative value" in weighing up the credibility of the men who were secretly recorded, but they involved a great deal of prejudice to them. An uninformed member of the public could draw unfair conclusions and the right to a fair trial would be compromised. (Melbourne Herald Sun)
Brimble charges possible: counsel Jul 20, 2007
Mr Hoenig said he considered the material played to be of "high probative value" and admissible in any future trial, but was concerned such a trial could be prejudiced by publication of the contents of the call. Ms Milledge said Mr Stevens spoke "at the time of [a] particular phone call where one of the persons of interest suggests to the other person on the phone that he has had his life threatened by two other persons of interest. On hearing that I was very concerned.". (Sydney Morning Herald -- Australia)
Florida statutes Jul 12, 2007
Any such evidence which the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the Constitution of the State of Florida. (Vero Beach Press Journal)
King med-mal trials set to start in Nov. Jul 1, 2007
If your [expert witness] doctor says King misdiagnosed patients in 15 other cases, I have to hold a hearing to see if that is true and to weigh its probative value Spaulding said. C.J. Gideon, a lawyer representing Putnam General, asked, Has the evidence shown that [Kings behavior] consistently and repeatedly led to false diagnoses. (Charleston Gazette, WV -- News)
Rough Day for Brocade Backdating Defense Jun 21, 2007
In arguing that it should be excluded, Marmaro said the testimony's lack of context outweighed its probative value. "What we're really talking about here is an issue of due process," he told the judge, asserting that the statement was unduly prejudicial. (Law.com)
Washington man to get new trial Jun 19, 2007
"Even if the probative value of the video was as great as the State claimed, its probative value is substantially outweighed by the unfair prejudice to York resulting from the video's sympathetic and emotional appeal," the ruling read. York was originally charged with first-degree murder after the August 2003 death of his 5-month-old daughter Rylie Paige York, but the jury found York guilty of the lesser charges. (Washington Journal, IA)
Supreme Court stands by principle preventing spousal testimony Jun 17, 2007
Judge Charron said the court was excluding the evidence "not because it lacks probative value, but rather, on policy grounds based on broader social interests.". In cases where a spouse's evidence is vital to a prosecution, she said, a trial judge is bound to determine whether admitting the testimony "would be disruptive of marital harmony or give rise to the natural repugnance resulting from one spouse testifying against the other.". (Globe and Mail)
Out of the mouths of spouses Jun 16, 2007
The evidence is excluded, not because it lacks probative value but, rather, on policy grounds based on broader social interests, a 5-4 majority ruled in the case of Regina v David Couture. The majority said that in cases where a spouse's evidence could be vital to a prosecution, a trial judge must first determine whether admitting the testimony would be disruptive of marital harmony or give rise to the natural repugnance resulting from one spouse testifying against the other. (Globe and Mail)
Spector Defense: Clarkson Was Depressed Jun 5, 2007
But after reading the rest of the memoir, titled The Story of My Life, over the weekend, Fidler ruled that it had "no probative value whatsoever," pointing out that Clarkson had not added to it for several years before her death. Spector's camp is arguing that Clarkson was the victim of an "accidental suicide" in the early morning hours of Feb. 3, 2003, and that she was depressed and emotionally fragile at the time. (E! Online)
New blow to Spector defence Jun 5, 2007
The judge agreed with the prosecution, ruling that the manuscript had "no probative value whatsoever.". Spector's lawyers also wanted to cross examine the coroner, Louis Penna, who carried out the autopsy on Ms Clarkson and testified last week that the gun had been forced into her mouth. (ABC News Online, Australia -- Arts)
High costs of justice for companies Jun 2, 2007
The new rules limit discovery to documents which a party intends to rely on during the trial, or which have "significant probative value adverse to a party's case". Parties need only make "a good-faith effort to locate discoverable documents, while bearing in mind that the cost of the search should not be excessive having regard to the nature and complexity of issues raised by the case". (Sydney Morning Herald -- Australia)
An Outrage from Beginning to End Mar 8, 2007
Shall I blame the judge who let the prosecution get away with introducing into evidence prejudicial news accounts of limited relevance or probative value while denying the defense an opportunity to fully make its case. Who allowed the prosecutor to make scandalous charges in his rebuttal -- the last thing the jury would hear -- with no evidence on the record for them. (Fox News -- Politics)
Survey: Only 1 percent willing to buy iPhone at $500 Feb 26, 2007
In short: There's no way the current survey has any probative value about the success of the iPhone. Posted February 23, 2007 @ 3:44PM by Perhaps Apple shouldn't announce their products beforehand, after all. (Ars Technica)
PM blasts Rudd over Hicks case Feb 22, 2007
"Mr Howard also disputed that the normal laws of evidence would not be followed in the military commissions."The military commission rules include significant safeguards," he said."In particular, hearsay evidence may only be admitted where it has probative value and evidence may not be adduced where it would result in unfair prejudice to the defendant. "Mr Howard added the hearsay rule was similar to those that applied to the international war crimes tribunals."Mr Rudd should cease misleading... (Sydney Morning Herald -- Australia)
Madrid bombing trial gets underway Feb 16, 2007
In an interview before the trial, Zulueta suggested that he would challenge the authenticity and probative value of the wiretaps. "Rabei Osman became one of the most watched people in 21st century Europe. He was living like in 'Big Brother,' " Zulueta said. (Los Angeles Times)
Scouting Report: Oklahoma Feb 5, 2007
Therefore the probative value of those big wins, is speculative at best. However it may be noteworthy that Oklahoma has won by double digits in all eleven wins. (RaiderPower.com)
Mix-ups, backlog in DNA chaos Jan 26, 2007
The report says: "DNA analysis is not reaching its potential in NSW. Many crime scene samples simply remain unexamined, even if they are likely to be of significant probative value.". send photos, videos ffs to 0424 SMS SMH (+61 424 767 764), or us. (Sydney Morning Herald -- Australia)
Shame on Us All Oct 18, 2006
Plus, the judge can admit evidence obtained through coercion if he determines it possesses sufficient probative value and the interests of justice would best be served by admission of the statement into evidence. The law permits, too, the introduction of secret evidence while protecting from disclosure the sources, methods, or activities by which the United States acquired the evidence if the military judge finds that. (Ocnus.net)
Letters to the editor Oct 15, 2006
In actuality, the act permits the use of evidence obtained by torture, including self-incriminating statements, if the military judge finds 1) that circumstances render the statement reliable and possessing sufficient probative value, and 2) interests of justice would best be served by admission of statement into evidence. (Section 948r (c)). (Albany Democrat-Herald, OR)
Grant For 'Cold-Hit' Cases Oct 6, 2006
"We're all frustrated,'' Harris said of the pace at which the cases are being handled. Deputy Police Chief Morris Tabak, head of criminal investigations for the Police Department, said the department's crime lab has sent more than 700 DNA samples generated from crime scenes to the state database. He said that of those, 110 had been matched to suspects, and that "all the ones that have probative value we assign out immediately. " About a dozen of those cases have led to criminal charges, he said.... (San Francisco Chronicle -- Crime)
New US trials are worse: Hicks lawyer Oct 2, 2006
"Obviously the question would be looked at as to whether the evidence obtained that way has any probative value.". The Greens senator Bob Brown said Mr Ruddock's comments were dangerous. (Sydney Morning Herald -- World)
Press Briefing by Teleconference with National Security Advisor Steve Hadley Sep 22, 2006
And finally, on the issue of hearsay evidence, prosecutors will have wide latitude to use hearsay evidence, and the burden will be on the accused to show that the statement is unreliable or lacking in probative value. Let me just say that, as you heard from the meeting we had after our discussions, there are still some differences of view on classified evidence between Chairman Hunter in the House, and Senator Graham on the Senate side. (White House News Releases)
Images Of Wreckage On Display In L.I. DWI-Murder Trial Sep 17, 2006
"I think there's no probative value to seeing the cars at this point," he said afterward. "We never said that a horrible accident like this didn't occur. The issue is how it occurred, why it occurred, under what circumstances it occurred.". (WNBC.com, NY)
Guest column Aug 13, 2006
But those are essentially the old rules, including this new draft bill specifying "that no matter how it is gathered, evidence 'shall be admissible if the military judge' determines it has 'probative value.'". . (West Frankfort Daily American, IL)
For e-discovery, the times, they are a-changin' Aug 9, 2006
Of course, they still can argue that the burden of any particular demand outweighs the potential probative value of the electronic information sought. For example, demanding parties cannot automatically expect that responding parties will restore and produce backup tapes. (TechRepublic)
At trials of detainees, will hearsay evidence be heard? Aug 7, 2006
The commission, he wrote, allowed "the admission of untrustworthy, unverified, unauthenticated evidence which could not be probed by cross- examination or other means of testing credibility, probative value or authenticity.". Justice Rutledge saw the Yamashita trial as a kangaroo court with a few cosmetic legal embellishments but no real fair-trial protections. (Christian Science Monitor)
NAT HENTOFF: Justice for jihadists Aug 7, 2006
However, they deny any past systemic abuses, and they solemnly add that the United States has always treated its detainees "humanely." (Over my desk is a sort of bumper sticker that one of my daughters sent me: "Don't believe anything until it has been officially denied.") I do believe a report in the July 26 New York Times about draft legislation addressing the Hamdan decision by the Bush administration "setting out new rules on bringing terror detainees to trial." They "would allow hearsay... (Washington Times)
High Court Ruling Troubles GOP Senators Jul 4, 2006
For the story behind the story. Sunday, July 2, 2006 8:54 p.m. EDT. (Newsmax)
Senators Debate Best Approach for Detainee Trials Jul 3, 2006
In addition, commissions can permit the admission of any evidence it deems to have probative value to a reasonable person. . (Fox News -- Politics)
Congress must act on court's terror war rule, senators say Jul 3, 2006
Justices held that U.S. conduct must comply with international law Associated Press Originally published July 3, 2006 WASHINGTON // Two Republican senators said yesterday that Congress must modify the effect of a Supreme Court ruling that international law applies to the Bush administration's conduct in the war on terror. Thursday's Supreme Court decision embracing Article 3 of the Geneva Accords in the military commission case of Osama bin Laden's former driver strikes at the heart of the White... (SunSpot.net)
Judge May Allow Proof of Earlier Suit Against Weil Gotshal May 16, 2006
He said that suit would be of "no probative value" in the Fashion Boutique trial. Lowe initially announced Friday he had decided to let the boutique owner's lawyer, Kenneth F. McCallion of McCallion iates, ask Sugarman about the Bolton suit. (Law.com)
Lawyers split on lacrosse reports May 12, 2006
"I would find that to be of no probative value as regards a rape," Thomas added. "If an indictment were issued on a finding like that, it would be a sad day for the criminal justice system.". (Herald Sun)
First DNA link possible in lacrosse case May 11, 2006
"A lot of people are of the opinion, including myself, that if it's supposed to test for 13, it should get 13, and something less than 13 is starting to hinge on the reliability of the result. "When you get down into the two or three partial match, you get numbers that might be 1 in 6, it might be 1 in 10, so what happens then is the question of what's the probative value of the report. People play the lottery on worse odds. (Herald Sun)
Alito Pens First Opinion as a Supreme Court Justice May 2, 2006
Alito said that South Carolina's exclusive focus on the strength of the prosecution's evidence, without any assessment of the probative value of the defense evidence, violates the Constitution's guarantee of a "meaningful opportunity to present a complete defense." Barry Scheck, a former president of the National Association of Criminal Defense Lawyers, called Mondays decision a "profoundly significant ruling.". Scheck, co-director of the Innocence Project, said the decision will help future... (Law.com)
Justices will allow computer animation in the courtroom Apr 27, 2006
The court said judges must weigh the probative value of an animation -- its ability to help prove a case -- against any unfair harm it may do to the defendant. It was the first time the state's high court has ruled on the admissibility of computer-generated animation. (Carlisle Sentinel, PA)
Defense Lawyer Replies In Favor Of Moving Holloway Trial From N.Y. Apr 26, 2006
"None of the hundreds of necessary witnesses whose testimony will have probative value are residents of New York," Tacopina says in his reply papers. "Consequently, there is no nexus whatsoever between this case and New York, and New York is not a more convenient forum for this litigation.". (WNBC.com, NY)
Gitmo case to test Bush policy Mar 26, 2006
The rules of the tribunals, which allow evidence that "would . . . have probative value to a reasonable person," provide no guarantee against the use of evidence gathered through torture, Hamdan's supporters say. In response, the Bush administration notes that military commissions have a long history in war and were contemplated by the Sept. 14, 2001, resolution. (MSNBC -- Race)
Prosecutors Say TV-Savvy Criminals Benefit From 'CSI Effect' Feb 17, 2006
" 'Not inconsistent' has no probative value as evidence," McClennan said. "Nor did all the 'scientific' evidence they introduced that couldn't exclude Noriega, but didn't connect him, either.". (Law.com)
Throws Right, Bats Right, OK? (U.S. News & World Report) Jan 1, 2006
A dissenting Alito wrote that evidence of harassment has limited probative value and characterized the lower court's action as harmless error. However, he sided with nine white police officers in Pittsburgh who claimed they were discriminated against by a change in department testing policy they argued was intended to benefit minority applicants. (RSS - Yahoo News - Politics)
