Then in the increasing gale of the sea there would be a little private ship's storm going on in which you could detect strong language, pronounced in a tone of passion and exculpatory
protestations uttered with every possible inflection of injured innocence.
Tess's voice throughout had hardly risen higher than its opening tone; there had been no exculpatory
phrase of any kind, and she had not wept.
If they had been less plausible than they were, the good Minor Canon's mind would have been in a state of preparation to receive them, as exculpatory
of his unfortunate pupil.
The suit also alleged that exculpatory
evidence, including body fluids found at the crime scene that didnt match Allens DNA, was withheld from the defense.
She particularly hammered the prosecution regarding exculpatory
"Brady evidence" that they are required to produce for the defense.
Fairfax County Commonwealths Attorney Ray Morrogh said his office discloses police reports to defense counsel, but redacts information that might invade the privacy of civilians or good Samaritans who cooperate with police, unless the information is exculpatory
, might lead to exculpatory
evidence or has evidentiary value.
Lorot says Linturi cannot claim that the commission ignored exculpatory
evidence in the course of its investigations because he refused to comply with summons to present himself for interrogations.
The Court held, with respect to Simpson Thachers clients, that plaintiffs allegations of scienter were inadequate and fiduciary claims were barred by the exculpatory
provision in the parties contracts.
When individual cases do not follow the general standard, parties should check the contract for notice provisions, exculpatory
clauses, and requirements for proof of delays.
They have no statutory or constitutional obligation before a guilty plea to turn over discovery that helps the defendant ("exculpatory
evidence"), although the Department of Justice generally requires prosecutors to turn over exculpatory
evidence (but not evidence that could impeach a government witness) before a guilty plea.
Mr Kearney also claimed the trial judges had disregarded a large body of circumstantial, exculpatory
evidence which "we suggest totally undermines the validity of the verdict".
However, the dissent relied on the exculpatory
language set forth above to vote in favor of affirming the trial court--so, similar language in the operating agreement may be determinative in a different case.