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The English court should trust the Spanish court to apply Article 27(2) (Blanke: 2004). The question is what constitutes the "same cause". In Gubisch Maschinenfabrik v Palumbo (1987) [ 6 ] (Hartley: 1988) and The Tatry v The Maciej Rataj (1994), [ 7 ] the test is whether the factual basis of the claim and the laws to be applied are the same ...
Failure to comply with the two requirements will result in the court making an adverse inference against the alibi defence (but will not result in the exclusion of the alibi defence). [2] Conversely, some judges in other jurisdictions have held the opinion that the mandatory early disclosure of alibis is unfair, possibly even unconstitutional. [3]
Alex Murdaugh’s attorneys say he wasn’t home when his wife and son were shot and killed on the night of June 7, 2021. The revelation comes from a notice of alibi defense filed Thursday in ...
An Idaho judge on Friday gave Bryan Kohberger’s attorneys three weeks to submit evidence for the accused killer’s alibi if he plans on using that as a defense.
Williams v. Florida, 399 U.S. 78 (1970), is a United States Supreme Court case in which the Court held that the Fifth Amendment does not entitle a defendant in a criminal trial to refuse to provide details of his alibi witnesses to the prosecution, and that the Sixth Amendment does not require a jury to have 12 members.
The court was gripped by video of Murdaugh being interviewed by Owen in which the defendant contradicted witness evidence heard so far at trial. ... Mr Rowe had an alibi in that he had taken his ...
The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted. [3] The plea prevents inconsistent decisions and the reopening of litigation. [3] The limitations of these pleas have been circumscribed by various legal cases and appeals. [4]
The July 24 court filing is the defense's latest attempt to cast doubt on the investigation, and comes after his attorneys suggested in a filing last month a knife sheath left at the scene of the ...