The US DOJ has Told the 11th that Whittemore did Not Rule the Way the Law De Novo Was Written
According to sources following Terri Schiavo's case, the US Department of Justice ahs informed the 11th Circuit Court of Appeals in Atlanta, GA, that Judge Whittemore did NOT allow Terri a De novo review.
Since legal speak can be quite difficult for most of us simple folk, I will try to explain. In applying the De novo rule, it would mean out with old and in with the new. (so to speak) In the case of the law just passed by the US Congress, Judge Whittemore did not follow the INTENT of the law passed. (which is his job..... I will resist the temptation to rant here) Whittemore only used old files and didn't allow Terri any De novo review.
As I understand it, THIS would be grounds for the 11th to overturn Judge Whittemore's decision.
I will keep you all posted......
Since legal speak can be quite difficult for most of us simple folk, I will try to explain. In applying the De novo rule, it would mean out with old and in with the new. (so to speak) In the case of the law just passed by the US Congress, Judge Whittemore did not follow the INTENT of the law passed. (which is his job..... I will resist the temptation to rant here) Whittemore only used old files and didn't allow Terri any De novo review.
As I understand it, THIS would be grounds for the 11th to overturn Judge Whittemore's decision.
I will keep you all posted......
posted by Straight Up with Sherri at
8:09 PM
16 Comments:
Oh please, oh please, oh please....
Marine Momma
By
Anonymous, at 9:06 PM
Pls tell me what you think of this. My belief is that the judicial crap we are seeing with this case is not aimed entirely at Terri, but at the case of invalids, handicapped, ect. I believe these judges are trying to make precedent of killing the less abled, as is in Europe now. If this is allowed to happen then it will be alot easier the next time, and I feel the next time will come right away.
Marine Momma
By
Anonymous, at 9:15 PM
I am going out on a limb here and predicting the 11th Circuit will decide within the hour and direct the tube be reinserted until further review, and if not GW will send marshals in. The second option is way out there, but I just don't believe with the information out there he will sit by.
By
jlfintx, at 9:23 PM
jlfintx, I pray so! Hey, how do you get your nic on the comment page?
Marine Momma
By
Anonymous, at 9:26 PM
Pick an identity and it will let you build a profile. If you have trouble ask Sherri ir Nut Job. They are the experts.
By
jlfintx, at 9:28 PM
Thanks, we'll see if I did it right.
By
Anonymous, at 9:30 PM
Woo hoo, no more anon for momma
By
jlfintx, at 9:31 PM
No more until I forget to type it in :) LOL
By
Anonymous, at 9:33 PM
You can have it remember you so that you do not have to keep typing it in.
By
jlfintx, at 9:35 PM
Keep up the hopeful posts - they benefit those of us trying to support the family doing whatever we can to replenish the hope for the Schindler's ! These wise words from Saint Robert Bellarmine written during the Galileo controversy may be what Jeb and GW need to take to heart:
"Authority originates with God
but is vested in the people
who entrust it to fit rulers."
They have the power to play Solomon, do they have the desire?
By
Anonymous, at 9:45 PM
The Psalms says somewhere that God rules the hearts of kings, and can not cite the specific reference, but that is what I am hanging onto.
By
jlfintx, at 9:56 PM
The guy that argued for Gore in Gore v. Bush just said that the 11th was a conservative court and sounded like they may overturn the prior decision or disagree with it. I guess they would be ones that could be nom for higher court, right.
By
jlfintx, at 10:25 PM
Not to mention the senate as well.
By
jlfintx, at 10:53 PM
I fervently hope that appelate court judges decide cases based on their merit -- not to suck up to anybody.
By
Anonymous, at 10:56 PM
Let's hope Terri makes it through all this.
By
Anonymous, at 11:15 PM
texanista
AMEN!
By
Straight Up with Sherri, at 11:17 PM
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