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To: El Oviedo

The two errors that I see.

1. The federal district court judge did not conduct a de novo review of the case despite being required to do so by statute.

2. The 11th Circuit found that the district court judge did in fact conduct a de novo review. Once this determination was made, it was impossible to find that he had abused his discretion (the appellate standard of review).


89 posted on 03/23/2005 1:39:07 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: peyton randolph

the fdcj was required? or allowed? by the statute to do a de novo review.


93 posted on 03/23/2005 1:52:29 AM PST by HiTech RedNeck
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To: peyton randolph

I agree. There should have been a de novo hearing. Terri's lawyer did not do a good job at the appellate court.

The horrible truth is that justice is not always done. Guilty men walk free after trial, are never tried or innocents die and are murdered. Terri's murder happens in this country with other victims as a result of miscarriages of justice. Justice is not perfect on earth. But we keep striving for it.

The legal system, the courts, let this woman down in a breathtaking way.


139 posted on 03/23/2005 4:16:44 AM PST by cajungirl (l)
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