Terri's Fight - (Daily Thread/Updates) November 5 -7, 2003

Various | November 5, 2003 | sweetliberty

[nicmarlo]

discovery in law: being able to get all kinds of documents, photographs, information that MS's attorney may have or knows about, examine witnesses (depositions under oath or testimony at trial under oath---getting people to tell you things that might help your case, all under oath).

The "discovery" process usually takes weeks. MS's attorney is trying to "circumvent" that process.

Also, Bush's attorney said it appeared that MS's attorney was trying to get an "ex parte" order. This means that MS's attorney was trying to get the judge to issue an order based on a legal document that Bush did not have (legally) or did not know about, until AFTER the judge ruled.

Ex parte orders are highly unusual. It goes against everything "fair" about the judicial system.....what your're trying to do is go behind the back of the party you're against and get the judge to do something that person won't know about until the judge issues the order. This should only be done in extreme circumstances, such as a judge issuing an search warrant on a party who the police will arrest---they must have a compelling reason to "go behind someone's back."

Bush's attorney said that MS's lawyer did not meet the threshold required for that kind of ex parte contact with the judge. This was not "life threatening" that the feeding tube be withheld. Then the attorney also said that there were other procedures that could be followed if and when something is not life threatening, but a party still wants immediate action from a judge.....but Bush's attorney said even those procedures were not followed by MS's attorney.

[sweetliberty]

"This is the classic narcissistic sociopath, he has a grandiose view of himself"

Funny how those types are usually lawyers, and have a tendency to run for president. Should we be worried?

[Robert A Cook PE]

See, these kind of errors and failures show that now MS's attorney is fighting with the big boys.

[Politicalmom]

Well, I bet Floriduh Voter isn't. Maybe we should try to put her on it?? : )

[nicmarlo]

these kind of errors and failures show that now MS's attorney is fighting with the big boys.

Very much so. This was a very clever Memorandum of Law on the one hand; on the other, it was very simple...and therein lies its craftiness.

[tutstar]

guess Felos and gang aren't too happy...

Thank God for bringing some good heads to the right side!

thanks for your explanations!!!!!!!!

[nicmarlo]

yw.....I'd be happy to translate it (as short as possible) into "English"....it would probably be more effective because I know I'm not remembering everything I read....if this would help, I'd be glad to do so. Just remember, I'm not a lawyer, but having read legal documents, I probably get the gist of it better because of my training.

[tutstar]

now MS's attorney is fighting with the big boys.

Rom 12:21 Be not overcome of evil, but overcome evil with good.

[msmagoo]

Ken Connor's Motion as Special Counsel for Gov. Jeb Bush and AG Charlie Crist

[sweetliberty]

"Bill O'Reilly did a great piece and there are organizations (one listed on The Factor website) that are gearing up to start fighting the ACLU's anti-Christian, anti-Christmas litigious bombardment about manger displays on public property."

"I do believe there will be a movement in the country of attorneys and law groups countersuing when the ACLU starts it's BS."

That is an area that Bill is really good with. You can tell how incensed he is every time he talks about the ACLU. I can't bear to watch any more because just listening to their amoral, ignorant apologists blathering relentlessly about the importance of destroying America with their toxic ideology reduces me to a screaming mass of outrage. My nerves, not to mention my neighbors (even if they are FReepers), can only handle those outbursts to a point. I've long since passed it.

[tutstar]

I'd be happy to translate it (as short as possible) into "English"

yes........remember , blonde here--LOL

if this paperwork filed by Connor is 'accepted' (or whatever the proper terminology is) would it mean that the challenge to the constitutionality of Terri's law is dead in the water

like a duck???


what happens next after the filing of the papers????

inquiring mind.......

[sweetliberty]

Appropriate that the 666 post should be about MS.

[Annie03]

LOL. The quote was from atruelady though, I was answering her. IMO, yes, we should be scared.

[Krodg]

Thanks. I'll try your links and pray that my troubles won't be around as long as Clinton....

[Annie03]

Thank you for all that info. I am unable to access the pdf files on Terris site. And hooray for Bush's atty. Excellent work.

[nicmarlo]

!!!!!!! I hadn't noticed that, sweetliberty......that is just too weird!!!

[Diva Betsy Ross]

Oh don't let that troll get to you. He is just tyring to knock you off your game. We all know he is a troll. If you ask him a hard question he will scury away like all roaches do when the lights go on.

I know that for a fact.

[TaxRelief]

Just found this image of a bored Michael in court.

And George in a lotus position

[nicmarlo]

if this paperwork filed by Connor is 'accepted' (or whatever the proper terminology is) would it mean that the challenge to the constitutionality of Terri's law is dead in the water

No. Bush wants their lawsuit dismissed because 1) Bush was improperly served (this is critical); 2) Because Bush was improperty served, this Court has no jurisdiction over him, hence, no orders issued by this judge are binding on Bush (and will not be unless/until it is shown that the judge HAS jurisdiction over Bush); 3) the manner in which MS's attorney went about asking for things to be done (the injunction) were improper, according to the Rules, and, therefore, should be dismissed on its face. These are the things Bush's attorney is saying. Bush's attorney is also saying, Bush must be properly served; it must be served in the proper court (I believe a different court, like right near where Bush works), because Bush cannot be expected to fly around all over Florida as a defendant in every case individuals/companies/entities may file against him, as Governor. Bush's attorney is also saying, once the Rules are complied with, Bush will "Answer" with a "responsive" pleading. Then we'll see what happens (but, it won't be in front of this judge).

[Ohioan from Florida]

Didn't any of you see the article about her being a "stay at home mom"? How can she afford that house she lives in, upgraded with a pool and everything.

I haven't seen that article. Do you remember where you saw it? If you can point me in the right direction, I'd be most grateful!