Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: msmagoo
What we have learned from the tragedy of Terri Schindler is that "appeals" means nothing in law. The "appeal" process cannot even correct errors in the original "finding of fact." The original court ruling is what endures. When appeals are successful, it is the "procedures" that were violated, not the disputed "facts" of the case. We need a reform to permit the appeals process to take into account errors in the original court finding. This is needed in all states, not just FL, where this tragedy will lead to a quicker disaster than we had thought a few short weeks ago. There is almost no way to discipline a lying, dishonest, or incompetent judge.
221 posted on 11/14/2003 2:41:48 PM PST by Theodore R.
[ Post Reply | Private Reply | To 168 | View Replies ]


To: Theodore R.
Yes, appeals must be made on points of law, not disputed findings of fact. (too late for that)

Since Bush entered the arena, his attorneys may use, as a supporting argument, that certain findings are disputed (conflict of interest, abuse, neglect, hearsay evidence) and because her death would be the outcome of the court's ruling, and it would be permanent, that for all intents and purposes she is being subjected to a civil execution.

The same standards applied in death penalty cases (for hearsay evidence, admissibility, bias, conflict of interest) should be applied in this case. Not to do so violates Terri's right to equal treatment and due process.

The court case can't be retried but the new law may make the previous finding (in a similar way to post-conviction DNA testing overturning the trial court's conviction) it's possible the Greer ruling could be overturned.

240 posted on 11/14/2003 3:11:06 PM PST by msmagoo
[ Post Reply | Private Reply | To 221 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson