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To: Torie
Somebody needs to get to Gibbs and tell him to amend his f'ing complaint - NOW. If the idiot had just plead that Terri is not PVS and does not want to die from dehydration in this circumstance whether PVS or not, Whittmore would have been forced to grant the injunction, and would have been quickly reversed if he had not. Instead Gibbs just bitched about Greer and posed flacky constitutional theories, and Whittmore was forced to blow Gibbs out, because none of that was going to fly on its face. Now probably the 11th circuit is struggling to decidee whether to take the extraordinary step, given the extraordinary circumstances, of cleaning up Gibb's mess for him.

Exactly Torie. A terrible legal case was made It's making me crazy!!

397 posted on 03/22/2005 7:56:44 PM PST by SoCar
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To: All; SoCar; Torie

Attorney Gibbs phone number is: 727-399-8300, but it is open 9 - 5 p.m.

However, they have an answering service.


446 posted on 03/22/2005 8:04:06 PM PST by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: SoCar; Torie
It is instructional to go and read the Act as passed by the congress (http://thomas.loc.gov).

Gibbs had to plead a civil rights cause of action because that is what the law said. The court had to try the case de novo without regard to the rulings of the state court because that is what the law said. You are trying to argue that Gibbs pleadings gave the judge no option but to rule one way, when the law gave him no option but to try the case.

Furthermore, I suggest you actually read Whittmore's decision. It is the most circular piece of reasoning I have seen from an otherwise intelligent educated individual and I am amazed at how many attorneys here don't see what is so obvious. Whittmore's decision that Terri's civil rights were not violated is based on the findings of the trial court, findings which the law required him to set aside.

IOW there is no way that the judge could reach a decision in this matter than to try the case.

651 posted on 03/22/2005 8:33:30 PM PST by AndyJackson
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