I'm not sure how this works and don't have the time to look it up but... If someone is convicted of murder and sentenced to death but are innocent, they can't just ask for a retrial. The appeals process just evaluates whether the trail was handled properly. If new evidence becomes available, like DNA, that can prove that persons innocents, is it up to the Judge to allow it? Is he's within his right to dismiss it and allow the original court decision stand and let the person die? I know many cases are overturned when new evidence is introduced but that's not always the case.
So three out of five doctors said she's PVS and that's what he based his ruling on. Later 33 claimed she's most likely not PVS as well as several sworn affidavits claiming she can swallow and talk. But he refused to accept the new evidence and overturn his own decision. So his original decision is based on one doctor he appointed. On Apr 7, 2005 11:47 AM, Matthew Small wrote: > So if I believe the both of you (Sam and Dana), either > > 1) The judge who was there heard all of the evidence that he deemed > necessary and made a decision based on that. > > 2) The evidence was not submitted by the Schindlers. > > Either way, in the end, this is just you disagreeing with the judge's > decision. Now think that the judge should be replaced because he either > 1) Followed the procedures of the court or; > 2) Made a ruling that you disagreed with, but every other court in Florida, > including the Federal courts, did? > > Ever heard of the 4th Amendment? If he ignored the 4th (due process) in > order circumvent the procedures of the court in order to reverse a ruling, > wouldn't that be activism? Talk about the pot calling the kettle black... > > - Matt Small ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Purchase Flash MX Pro from House of Fusion, a Macromedia Authorized Affiliate and support the CF community. http://www.houseoffusion.com/banners/view.cfm?bannerid=57 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:153087 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
