When the case was appealed no one had authority to review Greer's finding of facts, only whether he ruled according to procedure. That is my understanding of it.
Read the petition and tell me he ruled according to law...go ahead. http://www.petitiononline.com/ijg520/petition.html
None of the federal judges did a de novo review as they were instructed by congress, not one of them.
Just because a judge says something is right doesn't mean it is. . . they could rule that I'm a hamburger but obviously I'm not.
The COA did a complete review of the trial courts evidence including several hours of vidio tape. They did't just review the trial courts procedure.
Judging Courage
I'm disturbed. I've just finished watching a round of television programs where Judge Greer was once again assailed as lawless, power-grabbing, and out of control. On a mission to kill, it's said.
This is horribly difficult to watch. I cannot help but think that well meaning, honest Americans are home watching these programs, thinking there must be some truth behind the repeated assertions that a single judge or two have turned the justice system upside down. The public deserves better.
Florida law told Judge Greer what he had to do here. Once fate chose him as the judge in the case, he was responsible for following the law laid out by both the Florida Supreme Court and the Florida Legislature, all of which said that where those close to the incapacitated person cannot agree on what the ward would choose to do, then the court should resolve the matter.
Judge Greer is a Republican and a Southern Baptist. No doubt he has his own views about what he thinks he would do, or what he thinks might be in Terri's best interests. But he was charged with deciding only what Terri would do. He found the evidence presented at trial clear and convincing that Terri would choose not to have her life prolonged by the affirmative intervention of modern medicine. Three appellate judges unanimously affirmed that decision.
I receive email after email telling me that no judge has the authority to end someone's life. That life must be preserved where there is even unreasonable hope, or where there is any uncertainty regarding the person's wishes. That oral evidence can never be clear and convincing. That removing "life support" is okay, but removing a feeding tube is barbaric and unacceptable. Perhaps those sentiments are noble, but they are not the law, and it was not within Judge Greer's power to make them the law. It is perfectly acceptable to disagree with the law on these points, but to condemn the judge for following the law as it exists is irresponsible and contrary to the basic principles on which our government, with its separate branches, was created.
I continue to emphasize that I have no opinion on whether the trial judge reached the result Terri would truly want. I did not attend the trial, and having not seen the witnesses and heard them testify, experience has taught me that I am insufficiently informed to second-guess the decision -- no matter how many facts I learn about the case. I do know that a decision was made. I also know that the judicial system offers the checks necessary to ensure that the law has been properly followed. Judge Greer is part of that system, and he operated within it to perform his required role. Those who condemn him, and the judiciary that has thus far upheld his decisions, do not know what they do.
by Matt Conigliaro http://abstractappeal.com/