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The state court held for them, and ordered the railroad to issue the passes. The railroad appealed to the Court of Appeals of Kentucky, Kentucky's highest court at the time, and lost. [ 2 ] The railroad appealed again to the U.S. Supreme Court, which ruled in favor of the railroad, [ 3 ] thereby handing the Mottleys yet another legal defeat.
Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is not always the case.
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing."
Kentucky State Police Detective Clayton Stamper testified the full video shows Stines using his own phone to make multiple calls, then using the judge’s phone to make a call. The shooting followed.
Clerks are elected but are under the purview of the state Supreme Court. The salary for clerks varies based on the population of the county. The salary in Pulaski County in Fiscal Year 2023 is ...
The Court's approach finds no support in the text of the statute, and is inconsistent with our case law. See, e.g., Yeshiva , 444 U.S., at 690 ("Only if an employee's activities fall outside of the scope of the duties routinely performed by similarly situated professionals will he be found aligned with management").
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), was a case in which the Supreme Court of the United States interpreted the meaning of the phrase "substantially impairs" as used in the Americans with Disabilities Act of 1990.
In a criminal case, an eyewitness provides direct evidence of the actus reus if they testify that they witnessed the actual performance of the criminal event under question. Other testimony, such as the witness description of a chase leading up to an act of violence or a so-called smoking gun is considered circumstantial.