Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: atruelady
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.

I might be wrong, but I find such statement inaccurate.

Testimony offered under oath in state courts will be reviewed by federal courts.

After fifteen years (15), some of the original witnesses might not be alive, or their recollections of the events have become obscure. The long records of Florida court must be reviewed by the federal courts and taken into consideration, even if if new testimony is taken from previous witnesses.

Otherwise, how can a federal judge rule on whether Terri Schiavo's right to due process was respected in the state courts?

1,540 posted on 03/22/2005 3:29:39 PM PST by george wythe
[ Post Reply | Private Reply | To 1525 | View Replies ]


To: george wythe

"after 15 years some of the witnesses might not be alive.."
What a ridiculous statement in this case as we are dealing with avoiding the cruel death of the principal interested party. But your concern is that the testimony of some already dead person should be given priority?


1,547 posted on 03/22/2005 3:48:17 PM PST by northernlightsII
[ Post Reply | Private Reply | To 1540 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson