[atruelady]

This is isn't supposed to happen the way the new law is written.

Also, saying that the fed de novo will review all facts is in direct opposition of a de novo hearing.

Section 2 Procedures of the new law states that the Federal de novo trial is NOT to take into consideration ANYTHING done at the lower court level. Any of the lower courts, including 2nd DCA which is only state appellate court.

[GatorGirl]

Right, de novo means "new trial". Laypeople would do well to think of a conviction overturned on appeal. The state may choose to retry the case, but has to present it all over again.

[george wythe]

Procedures of the new law states that the Federal de novo trial is NOT to take into consideration ANYTHING done at the lower court level.

I might be wrong, but I find such statement inaccurate.

Testimony offered under oath in state courts will be reviewed by federal courts.

After fifteen years (15), some of the original witnesses might not be alive, or their recollections of the events have become obscure. The long records of Florida court must be reviewed by the federal courts and taken into consideration, even if if new testimony is taken from previous witnesses.

Otherwise, how can a federal judge rule on whether Terri Schiavo's right to due process was respected in the state courts?