Friday, September 04, 2009

Did the Government Prove that the 80 Year-Old Defendant Was Four Years Older than the Child Victim?

Oliver v. United States, 711 A.2d 70, 71 n.2 (D.C. App. 1998) (per curiam):
Mr. Oliver contends that the government failed to prove he was four years older than the children he was accused of enticing. He was eighty years old at the time of his sentencing, and the child he was convicted of enticing was nine years old at the time of trial. Viewing the evidence in the light most favorable to the government, as we must, not only was it obvious to the jurors that Mr. Oliver was at least four years older than the child, but also the evidence showed that he had been taking children on camping trips for approximately twenty years.

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Cf. demeanor of persons in courtroom but not testifying and "Are courtroom events or statements not formally introduced 'evidence'?"

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The dynamic evidence page

Coming soon: the law of evidence on Spindle Law

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