Examples of Fifth Amendment in a sentence
Defendant Hampton argues that the trial court denied his right to compulsory process by appointing counsel for a witness he subpoenaed and allowing the witness to assert his Fifth Amendment right not to testify.
Subject to the terms and conditions of this Agreement and the Fifth Amendment, the Lenders agree (severally, not jointly or jointly and severally) to make additional term loans in Dollars to the US Borrowers on the Fifth Amendment Closing Date in an aggregate original principal amount of $22,326,562.50 (together with the Original US Term Loan, the " US Term Loan ").
Knight challenges the denial of his motion to suppress, the sufficiency of the evidence against him, and the denial of his motions to dismiss his indictment with prejudice for violations of the right to a speedy trial under the Sixth Amendment, the Speedy Trial Act, and the Detainers Act, and the right to due process under the Fifth Amendment.
Oddly, in the MEC’s Table of Discovery, it argues that it needs these documents 4 These burdens are aside from the obvious Fifth Amendment implications of the MEC’s discovery requests, as noted in Petitioner’s Responses and Objections.
The Defendants note that courts have declined to draw adverse inferences from the invocation of the Fifth Amendment on summary judgment, that no such inference can be drawn with respect to Domb, and that even if an adverse inference is made, it cannot be the sole basis for liability on a summary judgment motion.The Defendants also contend that intent, insolvency, fair consideration, and reasonably equivalent value are ordinarily factual issues that cannot be resolved on summary judgment.