that cross examination of the affiant
will elicit testimony of probative
The second affidavit requires the affiant
to aver that the presumed
First, the court considered the knowledge of the affiant
inadmissible, not because the affiant
lacked personal knowledge, one of
"A sham affidavit is a contradictory affidavit that indicates only that the affiant
cannot maintain a consistent story or is willing to offer a statement solely for the purpose of defeating summary judgment." id.
After an evidentiary hearing at which the patient's sister testified, the lower court determined that the affiant
was not unbiased, since she was the sister of the patient and the mother of the patient's attorney.
(42) A police officer's assertions in a warrant affidavit are ordinarily based upon "hearsay and upon information received from informants, as well as upon information within the affiant
's own knowledge that sometimes must be garnered hastily." (43) Moreover, the significance of the information in the warrant affidavit, which itself may be entirely innocent, (44) often depends upon the assertion and characterization of background "facts and circumstances" by the law enforcement officer.
(31) The affidavit of support is a legally binding contract enforceable against the affiant
(i.e., sponsor) if the immigrant collects any means-tested benefit.
It is the formula he was used to, even if "the affiant
says nothing more" would be eminently clearer and would convey the same meaning.
A search warrant may begin with an introductory paragraph reciting the affiant
's training and experience in the area of investigating child sexual exploitation.
The court noted that without the confiscated affidavit of a key witness that would have supported his self-defense theory and contradicted the testimony of a state witness, the prisoner could not establish the materiality of the affiant
's missing testimony necessary to prove his ineffective assistance of counsel claim.
As a matter of personal curiosity I have asked the affiant
DEA agents the question: `Are we winning the war on drugs?' To this date I have never received an affirmative answer" (p.