The report contained a large volume of needlessly salacious detail and omitted or dismissed important exculpatory evidence.
The Texas Court of Criminal Appeals was known for upholding convictions even when overwhelming exculpatory evidence came to light.
Their cell phones and Sollecito's computer were switched off at the time of the murder, depriving them of potentially exculpatory evidence.
The conflicting theories are "playing out in the way decisions are being made about what is exculpatory evidence, " said Jonathan Shapiro, Muhammad's attorney.
The detainees' legal team alleges the government is unfairly restricting access to potentially exculpatory evidence, including documents they may not know exist before pretrial hearings.
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Stephen Abraham, was for six months in charge of seeing to it that exculpatory evidence was transmitted to the tribunals from intelligence and defense agencies.
The asset freeze has prevented Dotcom from paying his lawyers, and the seizure of the Megaupload servers could lead to the destruction of potentially exculpatory evidence on them.
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But in that case, Dotcom would have had the opportunity to defend himself in court, offering potentially exculpatory evidence or arguing that the content companies were misinterpreting the law.
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Prosecutors could also be required to turn over more raw data with potentially exculpatory evidence, except in cases where it threatens national security or endangers witnesses in a criminal case.
The report found that the prosecutorial misconduct was "intentional, " though it doesn't recommend criminal contempt prosecutions because at trial government lawyers were not specifically ordered to share all exculpatory evidence.
Democrats called the process partisan and unfair, and charged Starr with omitting or downplaying exculpatory evidence in his report (such as Lewinsky's statement that she was never asked to lie).
They rely solely on the findings of a so- called independent counsel who has repeatedly mischaracterized evidence, failed to include in his report exculpatory evidence, and consistently misstated the law.
Spectacularly absent from the Referral is any discussion of contradictory or exculpatory evidence, or any evidence that would cast doubt on the credibility of the testimony the OIC cites (but does not explicitly quote).
Last year he filed a habeas corpus petition in federal court saying the New York court where he was convicted violated his constitutional right to present a defense by not giving him exculpatory evidence prior to trial.
Defendants tagged with old crimes based solely on DNA evidence can have difficulty marshaling exculpatory evidence, including alibi witnesses and other proof to counter accusations, recent Washington College of Law graduate Andrew Bernasconi wrote in a long article on the subject for the American University Law Review.
Where there is evidence, which may be either exculpatory or incriminating, we want to get that evidence.
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