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To: Iconoclast2
It sure is odd to see so many Freepers anxious to consider the "legal theory" ...

You misread, or I mis-stated. Are you an attorney, or have understanding of the law? Any appeal to the USSC is not about a person, it is about "THE LAW". It is based on legal "theory". Judge Alito did not set anybody free. He looked at the facts and law before him, and most-likely made his decision based upon his understanding, thereof. He has a long record which shows that to be his way of doing things.

When a suit is filed, or a warrant drawn, it sets things into motion. If not thrown out for lack of basis, they proceed to trail, where judges and juries hear the FACTS. Those facts are then clarified to fit a particular statute or law, so as to define guilt,innocence, or responsibility. It is up to a judge, or jury, to fit the evidence (facts) to the law, and decide. A jury decision is more

After the trial, the attorneys review the record, and try to find things which may give rise to an appeal. Appeals do not always set people free, they just allow the arguments to be heard, and most often send the case back for retrial, or redefinition.

I am in court, now, prosecuting a civil case in Federal Court. I am not a lawyer, and have no formal legal training. But, I have been in the books constantly for almost two years, trying to learn how to properly present my set of facts to the law, as a pro se plaintiff.

Thankfully, Federal Courts allow "pro se" (self-represented) folk a little more latitude than attorneys. I hope the other side decides to settle (and it looks close), because I am not sure whether I wish to go before the Supremes...

129 posted on 02/02/2006 7:08:22 AM PST by pageonetoo (FReepmail me for bargain cruises! Bonded Agency.)
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To: pageonetoo

Yes I am a lawyer. As best I can tell, Alito, Roberts, and the Clinton appointees voted to expend taxpayer $$$ to keep murderous punks alive to consider the "legal theory" that execution by lethal injection violates the Eighth Amendment. Bush is 0-2, based on what I have seen so far, although more votes will be required to reach a definitive conclusion, of course.

If FreeRepublic were inhabited by genuine conservatives, they would be burning down the White House (figuratively, with letters, calls and protests) to make sure we get a real conservative next time. Then we would still be down 4-5, but all hope would not be lost of restoring the Constitution.


134 posted on 02/02/2006 8:45:05 AM PST by Iconoclast2 (Two wings of the same bird of prey . . .)
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