Circumstantial evidence

jury’s decision-making, recent interpretations of harmless error analysis suggest a departure from this holding. See Kotteakos v. United States, 68 S.Ct. 1247 (1946). The Court’s analysis in recent years has dealt specifically with the sufficiency of evidence for conviction when the error is removed. See Brecht v. Abrahamson, 113 S.Ct. at 1722 (1993); United States v. Olano, 113 S.Ct. at 1779 (1993); Neder v. United States, 119 S.Ct. at 1833 (1999);…

GoldenFish is strong given its popularity and the television show that features characters with the design. The next factor to examine is the proximity of the goods, whether the goods are sold in the same markets and in the same areas. Based on the evidence, it appears that there is proximity of the goods as the two are direct competitors. Next is the similarity between the marks, the sight, sound, and meaning among other things. Here, the GoldenFish design is almost identical looking to the…

The three types are real evidence, direct evidence, and circumstance evidence. First, real evidence is defined tangible or touchable, identifiable objects, such as weapons, clothing, or blood. However, a person must be cautious about listing evidence that physically appears to be evidence but may not be. That is why it is important to label items as what they appear to be such as, it appears to be blood on a shirt. Records of evidence must be kept as accurate as possible to protect…

reached a guilty verdict on August 12, 1991. ¨Eduardo Velasquez’s case was accepted by the Innocence Project in February 1998. The Innocence Project and Sam Silverman, Velasquez’s attorney and long-time advocate, filed a motion to gain access to the evidence for DNA testing. The results excluded Velasquez, who was exonerated and released on August 15, 2001 (¨More than 2,000 wrongfully convicted people exonerated in 23 years, researchers say¨). The Innocence Project has done wonders for the…

Harper Lee’s To Kill A Mockingbird is a famous novel based in Maycomb, Alabama in the 1930’s. There are two different parts in the story, one revolving around Mayella Ewell. Mayella is involved in a trial where Tom Robinson is wrongfully accused of raping her. The other part of the story has to do with Scout Finch, whose father is part of the trial. The question brought up is debating whether or not Mayella is powerful. Power is defined as having control of your life, as well as controlling the…

stated, “With an ever-increasing number of crime television programs in which forensic tests are used to solve a case in the course of a single episode. Many criminal justice officials have begun to worry that the public may believe that forensic evidence is easy to obtain, quick to test, and free of potential flaws” (pp. 1050-1085). In the last sixteen years, the CSI Effect has made court cases a lot harder to win with technology and…

I have been asked to provide an opinion on whether Donald Drumpf could claim that s 30 of the Commerce Act 1986 has been breached by Ernie Panders and Hilary Linten. To establish a breach two elements must be satisfied. First, there must be a contract, arrangement or understanding between the parties (Hilary and Ernie). Second, there must be a provision thereof which has the purpose of/has/is likely to have the effect of fixing, controlling, or maintaining, or providing for fixing,…

The rights of American people have society teetering back in forth of what is right and wrong. Our Florida Court System has society wondering how and why some high profile cases have come back with the verdicts of “not guilty”. Depending on circumstances whether society wants a “not guilty” or “guilty” verdict. Problems arise with the breakdown of our Florida Court System. When you put into consideration of a high profile cases there is still only one clear result, facts and the law. Our…

Soon after the rally which was done without permission, when Tejpal was arrested, a pistol was found with him, which is a clear reflection of his intentions. As per Section 6 of the Indian Evidence Act, the pistol shall be treated as a part of circumstantial evidence, which clearly shows that the whole act was being conspired to wage war and he has full motive and intention of sedition. In the case of Dr VinayakBinayakSenPiyush v. State Of Chhattisgarh the hon’ble court held…

291. This testimony was allowed because his it offered relevant evidence without in turn offering unsupported factual or legal conclusions. Id.. In Willis, the court dismissed witness testimony due to its conclusory nature based on their opinion that the company “has a negative attitude regarding injuries and the filing of workers’ compensation claims.” 282 S.W.3d at 549. These courts held that in order to be admissible, evidence must directly support the complaint without offering unsupported…