, which could spoil the lawfulness of the wiretap.
one of the plaintiff's affiants
recreated "in the vicinity
Tina Jackson, the only affiant
who testified at trial,
It would also have been essential for the defense to attack the credibility of affiants
and affidavits in front of the District Court.
More come to light only through circumstantial evidence because would be affiants
perished during the slaughter.
The case hinges on the issue of whether those affidavits are testimonial, rendering the affiants
witnesses subject to the defendant's right of confrontation under the Sixth Amendment.
Moreover, and even as recounted by Geico's own affiants
, there was nothing in the content of Blakes' conversation with Johnson--or the two phone messages she left for him--evincing a willful or avowedly obstructionist attitude toward Geico s inquiries."
and deponents will not later reverse their testimony at trial,
(80.) The Franks test not only applies to cases where false information is included in an affidavit, but also when affiants
omit material facts "with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading." United States v.
"establish[ed] that the affiants
' members will ever visit one
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.