It would also have been essential for the defense to attack the credibility of
affiants and affidavits in front of the District Court.
80) In order to be entitled to a Franks hearing, a defendant must make a substantial preliminary showing that the affidavit contains a false statement made by the
affiant law enforcement agent, who either knowingly and intentionally made the false statement, or did so with reckless disregard for the truth.
Justice Scalia, writing for the majority and joined by Justices Stevens, Souter, Thomas, and Ginsberg, explained that the certificates were "testimonial" statements, and the
affiants were "witnesses" for purposes of the Sixth Amendment.
that the
affiants frequently visited and planned to visit again in the
Under Lyons, then, the only 'subjective' issue here is [t]he reasonableness of [the] fear' that led the
affiants to respond to that concededly ongoing conduct by refraining from use of the North Tyger River and surrounding areas.
For his part, Soobzokov denied any involvement in the murders, and disavowed knowledge of the
affiants or the places and events they described beyond that of what he claimed was his "brief enrollment" in 1945 in a "non-operational" SS unit.
Ference and Cherwin argued that the affidavits of merit filed failed to comply with the applicable law because both defendants were board certified in orthopedic surgery, and neither of the
affiants was so certified.
The motions judge necessarily reposes faith in the candour and complete disclosure of the
affiants, and, as much or more so, on the professional responsibility of the lawyers participating in carrying out its terms.
The person whose name appeared as notary on the documents testified that she had not identified the
affiants and could not attest to the fact that the purported
affiants were who they, in fact, represented themselves to be.
objections that the
affiants are biased because they are plaintiff's employees and that they failed to disclose adequately the circumstances surrounding the calls go to the weight of the evidence, not its admissibility.
51) The Supreme Court ruled this way despite the fact that one of the
affiants conceded that she had only been to the river twice, once in 1980 and once after filing the suit.
Almost all affidavits submitted in litigation are drafted by the lawyers rather than by the
affiants, and a comparison of the diction of [the plaintiff's] deposition with that of the affidavit makes clear that [this] affidavit is no exception.
