you’re the one claiming you’re a lawyer. the burden of proof is upon you. if you’re a lawyer, tell me your area of practice, school you went to, jurisdiction you practice in, and link me a brief or memo that you drafted. then tell me—what is the “dictum” of a case? give me an example.
if you actually believe that, then not only are you not a lawyer, you have no common sense.
bullshit
we aren’t in court, first of all, and the facts at issue didn’t take place in the usa, so we need not concern ourselves with the question of whether “probable cause” existed. the question is whether islam used an iv to rehydrate. that’s not a legal question. layfolk are perfectly capable of forming an opinion on this without reference to a burden of proof.
but since you brought it up… every experienced american criminal defense attorney knows the standard for probable cause in a preliminary
hearing is quite low. as the scotus noted, “Probable cause ‘is not a high bar.’ ”
Dist. of Columbia v. Wesby,
138 S. Ct. 577, 586 (2018) (quoting
Kaley v. United States, 134 S.Ct. 1090, 1103 (2014)). if this were a criminal proceeding, ali’s tweet is almost certainly sufficient
by itself to bind islam over for trial. and that’s not even considering other evidence, such as the needle marks on islam which appeared after weigh-ins, and which are visible in official ufc press photos (iirc, islam’s team admits they’re real, but claims he got poked for a different reason). there may be
reasonable doubt about whether islam used an iv, but there is absolutely
probable cause to believe so.
anyway, you need not worry, because like oj simpson, nothing will happen to islam. so let’s dispense with this lie about “no evidence.”