Straight Up with Sherri

Tuesday, March 22, 2005

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......

19 Comments:

  • Oh please, oh please, oh please....
    Marine Momma

    By Anonymous Anonymous, at 9:06 PM  

  • It is grounds, but I would not expect it to happen. These are birds of a feather that have nothing to gain, personally and individually, from overturning Judge Whittemore. And if there is nothing in it for them, they won't do anything. Law means nothing to Oligarchs! They make whatever law they want - they are demigods.

    By Blogger Right Wing Nut Job, at 9:08 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 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 Blogger jlfintx, at 9:23 PM  

  • jlfintx, I pray so! Hey, how do you get your nic on the comment page?
    Marine Momma

    By Anonymous 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 Blogger jlfintx, at 9:28 PM  

  • Thanks, we'll see if I did it right.

    By Anonymous Marine Momma, at 9:30 PM  

  • Woo hoo, no more anon for momma

    By Blogger jlfintx, at 9:31 PM  

  • No more until I forget to type it in :) LOL

    By Anonymous Marine Momma, at 9:33 PM  

  • You can have it remember you so that you do not have to keep typing it in.

    By Blogger 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 Clare Krishan, 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 Blogger jlfintx, at 9:56 PM  

  • I pray that the 11th circuit will follow the logic of the DOJ. I believe that that logic is correct.

    and right and good in the deepest sense of the words.

    By Blogger levi from queens, at 10:23 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 Blogger jlfintx, at 10:25 PM  

  • jfintx, then if they're up for a higher court I hope they would all want to suck up to the Pres!

    By Blogger Marine Momma, at 10:48 PM  

  • Not to mention the senate as well.

    By Blogger 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 Anonymous, at 10:56 PM  

  • Let's hope Terri makes it through all this.

    By Anonymous texanista, at 11:15 PM  

  • texanista

    AMEN!

    By Blogger Straight Up with Sherri, at 11:17 PM  

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