[george wythe]

A federal de novo review will likely affirm the Florida trial court, since a virtual de novo review of all the facts has already conducted by the state appellate court.

According to the Wolfson Report, (page 19) provided to Governor Jeb Bush by court-appointed guardian Jay Wolfson, the Florida appellate court conducted a virtual de novo review of all the facts of this case in June 2003:

The 2nd DCA [District Court of Appeals] panel of judges engaged in what approximated a de novo review of all the facts, testimony, and video tapes presented at the trial. The appellate court affirmed the trial court’s ruling and its conclusion, and in addition, ordered the trial court to set a hearing date for the removal of the artificial life support.

[jwalsh07]

The court writes:

"Over the span of this last decade, Theresa's brain has deteriorated because of the lack of oxygen it suffered at the time of the heart attack."

My question to you, how do they know this?

[atruelady]

This is isn't supposed to happen the way the new law is written.

Also, saying that the fed de novo will review all facts is in direct opposition of a de novo hearing.

Section 2 Procedures of the new law states that the Federal de novo trial is NOT to take into consideration ANYTHING done at the lower court level. Any of the lower courts, including 2nd DCA which is only state appellate court.