You are attempting to argue, with an attorney, how the appeals court works and you are failing miserably.
Please keep in mind, the Schindlers filed several appeals.
"Once Greer determined the "facts," no other judge ever evaluated them..."
This comment is partially correct. Greer does determine the facts and makes an assessment. Now, what do you think that Judge Greer's "ruling" consists of? Do you think it is merely a verbal ruling? It consists of a detailed document, which consequently every other Judge in the appeals court will then assess. This document will contain several of the facts used as a basis for Greers decsion.
Well - lets just boil this down to simple terms that those who are not attorneys can understand. Lets say that one document - Ex: MS's Statement says "I heard Terri say she wouldn't want to live like that".... Then 5 or 6 other documents say "I've known Terri all my life - during the Quinlin decision - she stated "While there is life, there is hope"..... etc.
Would the appeals court judge look at the MS statement and the other statements and decided which seemed most credible? OR would he assume that first judge had them in person - therefore could determine credibility - and they only looked to procedural errors Judge Greer may have made????
Does the appeals court review those facts for accuracy? Does it investigate the material itself, or simply depend on the material as presented in the ruling? So basically, you are saying that the appeals court uses the repetition of the facts in the trial judge's ruling in order to evaluate those same facts?
When you get to present the facts your way, how difficult is it to get the appeals court to agree (hence the proverbial indicted ham sandwich)? Once again, no appeals court evaluated the accuracy of the facts, they simply examined the facts as presented in order to determine if they were established according to the law. That statement correctly describes the process, as any review was dependent upon the very document wherein the judge's opinions were enshrined as "facts" to determine whether or not they were facts, by your own admission.