Posted on 03/29/2005 9:36:23 PM PST by WhistlingPastTheGraveyard
Edited on 03/29/2005 9:59:29 PM PST by Jim Robinson. [history]
The farce here is the level of legal analysis in Jude's posts.Obviously even basic knowledge of definitions of terms seem to be lacking.
I think even judge Greer would agree she is not dead hence his sustained rabid efforts to kill her.
See post 881.
My own beliefs are irrelevant. That the court-appointed guardian ad litem has the exact same beliefs, and the trial court operated under this assumption as well, is what is actually relevant. But thank you for pointing out that it is, indeed, pointless to discuss how you or I feel about the case.
As President Bush said, err on the side of life. The courts are obligated to defer to the uttermost.
Defer to Bush, or defer to life? The former is certainly not true, what with the separation of powers. The latter may be true to an extent - but if the court decides that there is no reason that Michael Schaivo must be disqualified as her medical care decision-maker (his conflict-of-interest is not strong enough to disqualify him, especially if he is making a rational choice), to prolong medical treatment without consent would actually be battery.
Where is the problem with my understanding of res judicata and collateral estoppel? Got some cites to show that I am wrong?
Perhaps you forgot to mention that the first guardian ad litem was removed after his findings were that Michael Schiavo's finncial interests were indeed enough of a con flict of interest to dis qualify him.
We'll just have to agree to disagree on this one and find battles to fight together down the road.
I can't look at this as anything other than a parent of three daughters who would fight the devil himself to keep them alive.
I'm not saying you wou;dn't either. Just stating where my sentiment on this issue comes from.
This legal action should put light on the oft repeated canard that (the factual gravamen of) Terri's case has been heard by 20 judges.
Don't you just love the way the media repeats insinuations as fact! They never have proved she had an eating disorder. They say mostly they don't know why she collapsed. I bet you dollars to donuts, she was smothered or strangled. I bet her sorry excuse for a husband really thought he hit the jackpot when he realized that not only was he going to get by with attempted murder, he was going to get rich off of it, too. The Final Judge will rule in Terri's favor, though. She will be sentenced to life in paradise.
I have a problem with your definition od "died" which is what the posts I addressed were referring to.
Regarding the new petition it would seem that nobody knows what the issue being brought forward is, so you are not in a position to see if it is res judicata.
Republican Appointed Judges: History offers little Hope for Improvement
11 Circuit Court of Appeals
6 of the 12 Judges who voted on Terri were Republican appointed
5 out of those 6 Republican appointed
voted against Terri
EDMONDSON, Chief Judge, Date of Appointment: May 7, 1986 Reagan
TJOFLAT, Date of Appointment: November 21, 1975 Ford dissenting
ANDERSON, Entered on Duty: October 1, 1981 Reagan
BIRCH, Date of Appointment: May 14, 1990 Bush 41
DUBINA, Date of Appointment: October 1, 1990 Bush 41
BLACK, Date of Appointment: August 12, 1992 Clinton
CARNES, Date of Appointment: September 10, 1992 Clinton
BARKETT, Date of Appointment: April 21 1994 Clinton
HULL, Entered on Duty: October 3, 1997 Clinton
MARCUS, Date of Appointment: November 12, 1997 Clinton
WILSON, Date of Appointment: July 30, 1999 Clinton dissenting
Hon. William H. Pryor Jr. Received a recess appointment from George W. Bush on February 20, 2004]
Source http://www.ca11.uscourts.gov/opinions/ops/200511556REH.pdf
*bump* It can't be proved, but you are exactly right. Justice (cough cough) is also a poll driven process, to some extent.
Only while they are still in control. The house of cards they have built began to tremble in the wind the moment the autopsy was found to be a point of Florida law IMO.
Greer ruled that the body must be cremated without autopsy, remember? Something went terribly wrong for him. There is no perfect crime, not even when committed by a cabal of lawyers. He's caught in the web of his own making.
I did not know that they had an actual breakdown of the way the court en banc voted. The fact that there were only 2 written dissents does not mean that the vote was 10-2.
Maybe Alan Dershowitz and David Boies, who are both in favor of keeping the tube in, are part of the legal team now.
Maybe Alan Dershowitz and David Boies, who are both in favor of keeping the tube in, are part of the legal team now.
We'll just have to wait for the opinions to know the answer to that. Are you of the mind that the evidentiary bases for the factual determination that Terri wants to die have been heard by 20 judges?
Your ignorance of the law is appalling. Please stop before you embarrass yourself further.
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