'Nineteen of the
affiants said they did not actually sign the petition, they disowned the petition.
The aforesaid was mentioned in a judgement issued by the District Court of Larnaca on 10.5.2019, whereby it was also said that the particularity of the liquidation application of the company requires to be heard based on the submitted affidavits of the parties, with the possibility of submitting oral evidence explicitly through the cross-examination of the
affiants; such an order for cross-examination must be rarely issued, having in mind that the aforesaid application is not offered for the issue of a judgment on the general rights and obligations of the parties, but its exclusive purpose is to issue the liquidation order.
"I never did notarize said affidavit of witness.., and neither did such
affiants appear before my office," he said.
He asserts that before trial his lawyer received five affidavits that corroborated Lee's story or provided exculpatory details, but that counsel did not interview the
affiants. In Lee's postconviction proceedings the state judiciary did not hold an evidentiary hearing.
The postconviction court denied the petition without holding an evidentiary hearing.<br /> <br />The Supreme Court held that (1) a prophylactic reversal of the postconviction court's denial of claims that were based on two affidavits was required because the court assessed the
affiants' credibility without first holding an evidentiary hearing; and (2) the postconviction court did not abuse its discretion by summarily denying appellant's remaining claims because, even when considered to be true and viewed in a light most favorable to appellant, the facts alleged in support of those claims did not satisfy the newly-discovered-evidence or interests-of-justice exceptions to the postconviction statute's 2-year statute of limitations.
In litigation, affidavits, although accurate, may be drafted by lawyers for the signature of the
affiants, and the memories of people who are involved in litigation may fade or change over time, the court says in the opinion.
(369) Faced with such unconfrontable but impressive-looking affidavits, defendants stood little chance of disputing them, even though the documents suffered "hearsay dangers." The human
affiants, while not bearing witness in court, clearly served as "witnesses against" the accused for purposes of implicating a right of confrontation.
With [the requirement of] two
affiants that have to appear in front of a judge, you have no police on the street.
affiants. (58) The application was triggered by information that was
(17) However, based on further study, greater innovation in the psychological community, and the line of mental capacity jurisprudence that developed in the past two and half decades since Hill's first conviction, many of those
affiants later retracted their assertions.