[AndyJackson]

As I said, Whitmore's opinion is circular. His judgment is based on the trial court findings which the law required him to set aside.

[LegalEagle61]

As I said, Whitmore's opinion is circular. His judgment is based on the trial court findings which the law required him to set aside.



yep, they should have been tossed out and reviewed de novo...but he seemed to ignore that

[Cboldt]

As I said, Whitmore's opinion is circular. His judgment is based on the trial court findings which the law required him to set aside.

I understand that, and you make a cogent, concise argument. But the judge is a bit hamstrung by the case plead to him. Sometimes a judge will step outside of the pleadings and correct the party who made the formal error (if there is one). In this case, if Gibbs had asserted in his pleading that Greers finding that Terri wanted to die was wrong, and demanded a new trial based on the legislation, then the court would have had to adress that head on. I think it will have to, but it would have been better sooner instead of later.

[Wampus SC]

"As I said, Whitmore's opinion is circular. His judgment is based on the trial court findings which the law required him to set aside."

Yes, it appears he broke a law passed by Congress. Too bad Congress didn't provide a provision for jail time for breaking it. That might be the only way to reign in activist judges.

[Future Useless Eater]

>>As I said, Whitmore's opinion is circular. His judgment is based on the trial court findings which the law required him to set aside.

I remember Felos giving a sidwalk shouting conference saying something like ~I am going to make sure Judge Whitmore knows ALL of the FACTS of this case!~

I thought, that's just NUTS. The 'facts' are all of the opinions of Greer, after he tossed out or ignored the majority of the parent's evidence.