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Court of Criminal Appeals expands use of “circumstantial evidence”


man of steel ipa cracked Two homicide cases, two convictions. Yet in each case: no body, no weapon, no physical evidence of murder – only circumstantial evidence to suggest that a crime might have occurred. Combining two otherwise unrelated cases, the rayman raving rabbids no cd crack download Texas Court of Crim­in­al Appeals ruled unanimously in June that "circumstantial evidence can alone be sufficient to establish guilt." Whatever its merits in these particular Central Texas cases, the CCA ruling appears to open the gate to broader prosecutorial discretion, as well as providing an invitation to juries to employ speculation to fill gaps in the actual evidence.

descargar nero 12 con crack crack ftp passwords Rex Nisbett was prosecuted for the murder of his wife crack sidekick lx password Vicki Lynn Nisbett, who disappeared Dec. 14, 1991 and was never heard from again. The Nisbetts were in the process of a bitter divorce, and on the night she disappeared, Vicki was expected at a Christ­mas party, but never arrived. keygen clave key rar password George De La Cruz was prosecuted for the murder of his estranged wife, minecraft cracked server warcraft Julie Gonzalez, who disappeared March 26, 2010. The couple was separated and arguing over a divorce that De La Cruz refused to grant. On the morning she disappeared, Gonzalez was expected to pick up their child at De La Cruz's house. He claimed she told him she was leaving town for the weekend, and – other than a few text messages and posts which may have been forgeries – she was never heard from again.

nfsmw v1.3 crack In a rare procedure, the CCA consolidated the cases – in order, the court said, "to address the appropriate analysis when the victim's body and the murder weapon are not found." In Nisbett's case, a panel of the arcon 5.0 demo crack Third Court of Appeals had overturned his 2014 Williamson County conviction because of "insufficient evidence" ("wild kratts youtube florida panther," Jan. 27, 2017); an overlapping panel of the same court had affirmed the 2015 Travis County conviction of De La Cruz. The CCA reaffirmed Nisbett's original conviction, and affirmed that of Delacruz, writing, "the cases are similar and should have been decided the same way."

descargar keygen corel draw x7 full español Based on the court records, the circumstantial evidence in these two cases was considerable, and the initial convictions are at least understandable. As longtime defense attorney how to crack a hotmail.email password for free Keith Hampton told the free download cracked games for iphone 4 Chronicle, homicide investigators routinely investigate a victim's "significant other" for possible involvement. "The problem is," he continued, "that 'a good place to start' congeals into an outright presumption, which inevitably blossoms into an outright doctrine. ... So the remaining task becomes a matter of building a case against the person you 'knew' all along was guilty."

google translate ndt crack That problem is compounded when the state can't actually prove that a homicide has occurred: no body, no weapon, no confirmed crime scene. ultra psp movie converter keygen Keith Lauerman, by coincidence the defense attorney at trial in both cases, said he was "shocked" by the CCA's decision. "I felt the opinion lowered the burden of proof on the prosecution," he said. "It seemed to allow juries to use their imagination instead of relying on the evidence." the crack van livejournal Linda Icenhauer-Ramirez, De La­ Cruz' appeal attorney, said the prosecution hadn't met its burden to show a cause of death "or even if there is a death," and said she would be filing a motion for a rehearing.

dry cracked skin on side of foot Nisbett wasn't brought to trial in his wife's disappearance until 2014 – two Wilco district attorneys had declined to prosecute, until explique el modelo de watson y crick sobre el adn Jana Duty decided to move forward, although she too was gone by the time of the Wilco appeal to the CCA. In her brief for Nisbett, attorney adams venture 2 solomons secret crack Kristen Jernigan told the CCA that the prosecutors are "asking this Court to adopt a new standard by replacing the statutory elements of the offense of murder with speculation and conjecture." Jernigan told the why do logs crackle Chronicle she is "shocked" by the consolidation of two entirely unrelated cases and by the decision, and will also be moving for a rehearing. "The Court has legislated from the bench," she said, "by lessening the burden of proof for the offense of murder in Texas."

crack in oak worktop Hampton, while not involved in these cases, said he was reminded of a California case in which a purported homicide "victim" turned up alive years later – just before the convicted "murderers" were about to be executed. He believes the CCA ruling continues a recent trend of lowering the standards of evidence, and that prosecutors are even taking advantage of the growing number of post-conviction exonerations. "There is a palpable expectation that is ... insinuating itself into judicial review: Post-conviction litigation can cure wrongful convictions, so let's lower the threshold for reversal and see what happens."

newbluefx titler pro 2.0 full version free crack Jernigan's appeal brief rejected the prosecution's implication that "motive, opportunity, and suspicion are sufficient to support a murder conviction." The CCA, in an opinion that often reads as a brief for the prosecution, responded: "It is not necessary that the evidence directly prove the defendant's guilt; circumstantial evidence is as probative as direct evidence in establishing a defendant's guilt, and circumstantial evidence can alone be sufficient to establish guilt." Yet it would seem before a prosecutor can prove guilt, she should be required to prove a crime has in fact occurred.

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