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To: TKDietz

Dred Scott was a decision made by the “final authority”, the United States Supreme Court. That decision was not the final say. So “res judicata, a thing decided.” is not a reason to stop looking or deciding.


201 posted on 09/13/2008 11:34:22 AM PDT by AndrewC
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To: AndrewC
The trial on the merits of this case is over. They've appealed and lost, and if they appeal it further they'll probably lose again. The facts of the case wouldn't really be appealed. Trials are not appealed de novo. You don't get a new trial at the appellate level where you put on testimony again and that sort of thing. The evidence is not heard again. The appellate court will only look to see if there were any glaring errors in procedure and legal rulings in the case by the trial court. So what I'm saying is that as far as the courts are concerned, the facts are set in stone and are as the jury determined them to be. It's pointless for us to argue about what we think might have happened the day of the shooting. The fact finding portion of this case is long over. These two could still be pardoned, but personally I hope that doesn't happen because I think their conduct was inexcusable. I wouldn't be upset to see the sentences commuted though because I think they got too much time considering the circumstances.
211 posted on 09/13/2008 12:46:34 PM PDT by TKDietz
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