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B PROOF BY EVIDENCE AND SUBSTITUTES
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5th Cir accused acts admissible admitted affirmative affirmative defense attorney best evidence rule Black's Law Dictionary burden of proof Chapter Circuit circumstantial evidence committed competent concerning conclusive presumption considered constitutional conviction counsel court explained court held Court of Appeals credibility criminal cross-examination decision declarant defendant defendant's dence determining discretion discussed documents due process dying declaration establish evidence rule example excluded expert witness federal court Federal Rules guilt hearsay rule identified impeachment incompetent inference infra innocence insanity introduce evidence issue jurors justice matter Ohio opinion party permitted person photographs polygraph present presumption presumption of innocence prior privilege prosecution prosecutor prove real evidence reasonable doubt rebut records relating relevant and material reviewing court Rules of Evidence specific spouse statement statute stipulation sufficient Supp Supreme Court take judicial notice testify tion trial court trial judge trier of fact truth United States Supreme violation