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To: Long Cut

the Federal Court did not review it. They basically ignored it. The Decision said as much. and the Majority had to footnote their opinion explaining why common sense and logic applied in the dissent didnt really matter.


The Legislation required a De Novo review. That means New, from scratch to you and me Rusty, that didnt happen here now did it?

No New Medical testimony, no nothing...Common sense dictates at least that much. We are talking about the death of someone, yet neither court could be troubled to do its own fact finding, instead saying"we can only go by the letter of the law(I guess thy never heard of court appointed experts).

Well, as I pointed out, that was Eichmanns defense as well.


371 posted on 03/29/2005 10:48:11 AM PST by hobbes1 (Hobbes1TheOmniscient® "For your AMUSEMENT..." ; ))
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To: hobbes1
No New Medical testimony, no nothing

Yep, the Schindler's attorneys chose not to introduce any. You blame the court, when you should be blaming the attorneys. Judges don't call witnesses.

414 posted on 03/29/2005 11:05:49 AM PST by Dog Gone
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To: hobbes1
The Legislation required a De Novo review. That means New, from scratch to you and me Rusty, that didnt happen here now did it?

No, it didn't.

It did not happen because the Schindlers' attorney did not present a de novo case, and instead rehashed the same procedural issues that had already been litigated to an unsuccessful conclusion.

435 posted on 03/29/2005 11:18:45 AM PST by Poohbah (If it's called "collateral damage," how come I can't use it to secure a loan?)
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