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To: CyberAnt

I wanted Terri to live and I do believe that the courts, especially the federal appellate courts and the liberal members of the Supreme Court of the US are legislating from the bench. Their decision on abortion and religion, and gay rights have not only been baseless in Constitutional law, but these judges have imposed their own liberal agenda to create rights that only Congress should have the power to create; having said that I will try to respond to your post:

          Greer has been the LEADER on all these issues - with the appeals courts agreeing with everything Greer did - why would they suddenly change their opinions and not go with him?

I know that some of the judges did not agree with the outcome, but there were no legal errors upon which the courts could reverse. I do not believe that every judge who reviewed the decision was corrupt.  The statute gives the judge no discretion to substitute the parents for the husband.

           We are arguing that Michael was NOT THE PROPER PERSON - AS AN "ESTRANGED HUSBAND" WITH ANOTHER WIFE AND CHILDREN.

          I certainly agree that the parents should have been making the decisions for Michael. The only legal consequences of Michael’s conflicting interests is that the Judge would have the discretion to weigh his credibility in light of the circumstance. The judge would not have the discretion under the law as written to disqualify Michael. The law should be amended to give the probate judge that discretion.

          appropriateness of the person chosen as a "guardian”.  Terri’s case was not one where a guardian would be appointed according to the applicable Florida statute. I have posted the statute that deals with that situation. In Terri’s case the statute provides that the husband has the right to be the “proxy”, I do not mean to insult you but you said:

 please stop repeating the "proxy" statement - we can all read it once and get the message.

I’m sorry but you didn’t get the message or you would know the difference between the appointment of a guardian and a ‘proxy”. Reread what I posed please.

          It's no mystery at all as to why they would all stick together. They know the public is getting wise to the fact that these judges have been acting outside of their scope of authority and jurisdiction for years - and quite frankly we're sick of it. 

          I hope you are right about the public. If they are becoming educated it is only because of all the conservative news programs, websites, and talk shows. The MSM only try to discredit conservative judges like Scalia.

          BUT THEY DID NOT REVIEW THE FACTS OF THE CASE

          This has been the case for the past 200 years. Appellate courts only review trial error, they do not consider the credibility of the witnesses.

          Article III, Section 2 of the Constitution of the United States of America) does say that Congress determines JURISDICTION. Yes, but it is limited by states rights. Maybe I will post an article on this issue when I have the time. I’m sorry I can’t elaborate here.

          It wasn't Felos who did a better job - it was the left that leaned toward Felos, thereby giving him the edge with the public, by making falacious statements about Terri's condition. I read the opening statements of both attorneys. Ms. Campbell in her opening statement conceded that Terri was in a persistent vegetative state. I have posted an article dealing with the subject of Pamela Campbell. You can do a word search and find it if you wish.

          (after reading those affidavits)

Affidavits are not admissible in evidence at the trial, because of the hearsay rule, and the right of confrontation. If the testimony of the witness who executed the affidavits could have been produced at trial “new” evidence rule, which permits the judge to grant a new trial does not apply.

I saw the court order from judge Greer saying that the funds could be used for attorneys fees

Do you know of a web address where I can check it out? If the funds were placed in an account with the Surrogate, it is possible that an order exists. Please let me know more. I’m very interested in knowing.

Please stop assuming that these judges are god-like and have the best of intentions.

I do not make any such assumption. In fact if you read “Men In Black” by Mark Levin, as I did, and I agree with Mr. Levin 100%, you will find concrete examples of how judges are merely human and have alter motives. I do not have enough information to pass judgment on Greer, that’s all I’m saying.

These are my opinion - and nobody is required to believe them. Believe is probably not the word I would use. I believe you, I just can not agree with your legal conclusions. But I want to say that I am convinced that you are sincere, and you are a great American and I am glad to have been able to discuss this topic with you.

139 posted on 04/01/2005 1:32:02 PM PST by watchdog_writer (Love conquers all, but force is sometimes required to defend it.)
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To: watchdog_writer

Check with The Empire Journal - they seemed to have a lot of info about this case - maybe they can help you.

I'm done!


140 posted on 04/01/2005 1:37:18 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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