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1986) (noting that prosecution opposed substitution of counsel because counsel had been implicated in defendant's criminal conduct and defendant appeared to be creating a conflict; prosecution also supplied defendant with recording of conversation inculpating attorney).
Acting in the tradition of Iago, Claggart "circumstantially alleged certain words and acts which led to presumptions mortally inculpating Budd.
159) This information was used to obtain a search warrant that, when executed, resulted in the discovery of evidence inculpating the defendant.
In his severance petition, Bryant alleged both forms of prejudice and indicated that he would testify at trial, exculpating himself and inculpating three codefendants by claiming that he tried to help protect the victims from his three codefendants.
information inculpating Padilla in such a plot appeared to stem mostly
132) Here, my argument is that the antipathy we feel towards people who take criminal steps to avoid inculpating others is mitigated by our sense that such avoidance is, at least in some cases, based on a legitimate sense of loyalty.
They detect a "substantial body of evidence" that would extend the coverage of the privilege to potentially inculpating "evidence" of all sorts, not just "testimony.
79) The Court established that a co-defendant's or accomplice's confession inculpating the accused is presumptively unreliable and violates the accused's right to confrontation.
She assumes, for example, that the programs will take a position on the admissibility of a new kind of scientific evidence largely on the basis of whether the evidence will generate fewer convictions, (20) that defenders will distance themselves from clients who want to seek leniency by inculpating others, (21) and (to take the example closest to the drug court situation) that they will discourage or refuse to represent clients accused of serious child abuse who are offered leniency in return for agreeing to monitored contraception.
15) The Court reasoned that if the jury truly disregarded the "reference to the codefendant, no question would arise under the Confrontation Clause, because by hypothesis the case [would be] treated as if the confessor made no statement inculpating the nonconfessor.
Moreover, many courts have held that the corroboration requirement of Rule 804(b)(3) applies not only to statements exculpating the defendant, but to statements inculpating the defendant as well.
17) Second, most statements inculpating a defendant are collateral to the portion of the statement that is against the declarant's interest.