Commentators, however, have relied on CCM 200603026 to aver that the clear and convincing evidence
standard applies [e.
The statute further required that this defense be established by clear and convincing evidence
There is clear and convincing evidence
that Lewis committed the acts that are the subject of both indictments.
jury of its invalidity defense by clear and convincing evidence
i4i Limited Partnership, the Supreme Court held that the clear and convincing evidence
standard applies to all invalidity challenges to patents--even when the patent's prior art has not been considered by the PTO.
Because mentally retarded defendants may be less able to give meaningful assistance to their counsel, are typically poor witnesses, and their demeanor may create an unwarranted impression of lack of remorse for their crimes, the court determined that requiring defendants to establish mental retardation by clear and convincing evidence
would result in the execution of some persons who are mentally retarded and outweighs the state's interest in seeking justice.
The resulting Supreme Court certification was limited solely to establishing the appropriate standard of proof for an IFPA violation, and the Court determined that the standard was "a preponderance of evidence," the least demanding of the three evidentiary standards (preponderance of evidence, clear and convincing evidence
, and proof beyond a reasonable doubt).
If you find that (defendant) committed the crime but you find by clear and convincing evidence
that the defendant was insane, as I have defined that term for you, [begin strikethrough]have a reasonable doubt that [he] [she] was sane at that time,[end strikethrough] then you should find [him] [her] not guilty by reason of insanity.
In Browning, the Florida Supreme Court specifically recognized that reliance on oral statements does not have the same presumption of clear and convincing evidence
as written declarations.
I found that he was deserving of 20 years in prison, and he is likely to reoffend by clear and convincing evidence
The appeals court held that there was clear and convincing evidence
that no bail conditions could ensure the community's safety.
The function of the appellate court is to determine whether there is "substantial competent evidence to support the trial judge's finding of clear and convincing evidence
section] 1983 action to offer clear and convincing evidence
of a public official's unconstitutional motive in order to defeat the defendant's request for summary judgment.
2) Cases in which one party has accused another of a civil wrong with more severe implications, such as fraud, require proof by clear and convincing evidence
Oklahoma,(1) the United States Supreme Court examined whether a state could require a defendant to prove his incompetence to stand trial by clear and convincing evidence