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To: HitmanNY
The dissent in the 11th Cir is correct, best as I am aware - the court could have gone on and done a de novo review despite the fact that the Sincidler's lawyers didn't really ask for one. That being said, it wouldn't have been reduced to a mention of a dissent if THE LAWYERS DID THEIR JOB!

Are you sure? The en banc decisions were heavily in favor of upholding the lower court, and avoided probing the judgement of the fact finder. I think that is a systematic "circle the wagons" behavior, rooted in form over substance. Pharisees if you will. At some point, the judges come off as defensive when they blame the lawyers. E.g., why blow off the motion that the patient said "I don't want to die" (I know, the patient isn't able to communicate clearly, and maybe didn't communicate at all), because it wasn't timely. How in God's creation that can be justified is beyond me.

239 posted on 03/27/2005 5:51:57 PM PST by Cboldt
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To: Cboldt

Yes, I am sure that the Schindler's lawyers should have pushed for the de novo review in Federal Court this past week. I am also sure that they didn't.

That's not to say it would have worked - I think it would have won their side some time. If they tried it and the Fed Court didn't grant it, I would have a problem with that judge.

In any case, we won't find out. The Schindler lawyers didn't understand what a de novo review is.


241 posted on 03/27/2005 5:57:01 PM PST by HitmanLV
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