Given the sparse evidence, it will be difficult for any of them to find clear proof in the near future.

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In the light of this tough burden of proof, there was insufficient evidence to bring proceedings.

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However, with the evidence that has emerged, especially that contained within the discovery documents released in recent days, proof of a racial motive concerning the shooting seems wholly lacking.

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With Lay's conviction erased, neither the SEC nor any other civil plaintiff will be able to use it as proof of wrongdoing (though it would still be able to use evidence and testimony given in the trial, says Henning).

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In making proof of a transmutation of the character of property by gift the usual rules of evidence as to sufficiency apply.

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"In the absence of any forensic opportunity or reliable evidence from any witness... we concluded we could not establish to the high criminal standard of proof required in a criminal court that they were controlled drugs, " it said.

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Defendants tagged with old crimes based solely on DNA evidence can have difficulty marshaling exculpatory evidence, including alibi witnesses and other proof to counter accusations, recent Washington College of Law graduate Andrew Bernasconi wrote in a long article on the subject for the American University Law Review.

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