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To: Poohbah

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.



THIS needs to be repeated over and over. IF, IF, IF the Schindler's atty's had presented NEW evidence- the review would have gone forward and been legit. As it is- they went to court ill-prepared offering nothing DE NOVO for the court. Before condeming the judges involved it would do to understand the legal merits.


450 posted on 03/29/2005 11:23:22 AM PST by SE Mom (Debate, not hate.)
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To: SE Mom

He did. If any of you ahd read Whittemores decision you woulds have seen that.


454 posted on 03/29/2005 11:24:09 AM PST by hobbes1 (Hobbes1TheOmniscient® "For your AMUSEMENT..." ; ))
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