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To: jwalsh07
Balogna. A de novo review would allow the inclusion of new evidence, not a review of old evidence and the appellate court is not the venue for that. It didn't happen, stop saying it did.

You should stick to selling diagnostic imaging equipment.

A de novo review means that the appellate court looks at the evidence anew, or a second time. A de novo trial, on the other hand, is a completely new trial with new evidence.

135 posted on 03/23/2005 9:08:47 AM PST by ContemptofCourt
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To: ContemptofCourt
jwalsh07 is way out of his league. While I recognize that as an imaging machine mechanic he may have greater knowledge in this area than most people, you and I both know that we would get laughed out of court if we offered this clown as an expert witness. Talk about junk science.

The other misconception is that Terri has been deprived of due process of law, at least from a procedural standpoint. Fifteen years of trials and appeals at both the state and federal level and all of the judges have come to the same conclusion. The problem I have is not with due process or even whether she is actually in a PVS. My problem has to do with the law itself that apparently allows the killing of another human being based upon verbal hearsay. As you know, under the commonlaw and the statutory laws of most states, a person cannot buy or sell real estate or even create an interest in real property (except for a lease having a term of less than a year), create a will, grant a power of attorney, or establish a trust, in the absence of a writing that is witnessed and/or acknowledged. Nor will the courts enforce a contract involving real property (except a lease for less than a year) or a contract to answer for the debt of another or a contract that cannot by its terms be performed within a year, in the absence of a writing signed by the person to be charged. A person can't even transfer securities or the assets of an IRA from one account to another without a signature guarantee. Yet the law allows a the killing of another human based solely upon the out-of-court, oral statements that the person allegedly made as a young adult. I don't blame Judge Greer or the numerous appellate judges or any of the doctors who have testified for either side. I do blame the members of the Florida State Legislature who have allowed this to happen.

157 posted on 03/23/2005 10:35:09 AM PST by Labyrinthos
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To: ContemptofCourt
You should stick to selling diagnostic imaging equipment.

LOL, you're not the first attorney on FR who has made that premature judgement.

205 posted on 03/23/2005 2:52:12 PM PST by jwalsh07
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