I think I meant trust. Estate is not the right word, anyway.

Dana

On 7/8/05, Dana <[EMAIL PROTECTED]> wrote:
> oooo... now you're making me mad. I am *not* biased. And I am hearing
> this from someone who hasn't bothered to acquaint herself with the
> most basic facts of the case. This is, I suppose, proof of your
> objectivity?
> 
> Yes, the court documents are available. I posted the link in the
> course of a three-week dust-up a couple of months before you resubbed.
> Check the archives. Or you might want to google "abstract appeal",
> which is, I believe, the name of the Florida law blog that contains
> the links.
> 
> I repeat, there was one judge, named Greer, who was repeatedly upheld.
> Actually, there was another for a few months at one point, but
> essentially the case was handled as an estate by Judge Greer. I really
> suggest that you take a look both at the archives and at the court
> documents before you tell me what I *would* know.
> 
> > If you've read all of the court documents (which by the way, aren't
> > readily available) you would know that a single judge does not have
> > jurisdiction in multiple courts.
> 
> Are you sure of this? I am not. It seems he did, actually. In a
> smallish county this would not however be terribly unusual, or
> necessarily proof of bias. But I repeat, that comment was meant
> generally.
> 
> > The judge did not know the guy in question before any legal
> > proceedings or he/she would have been legally required to dismiss
> > his/herself from the case. Therefore your claim of bias in favor of
> > the defendant based on his "being a nice guy" are totally baseless.
> > The judge does not know if he is a nice guy.
> 
> No, actually :) I am saying that decision of the prosecutor doesn't
> prove he didn't, or anything else for that matter except that
> insufficient evidence exists in 2005 to make a case.
> 
> You are stating that the
> > judge made the decision to ignore the evidence in question based on
> > his/her personal feelings for the defendant.
> 
> Uh, not sure if the following is naive or poorly phrased. But the
> evidence that was thrown out was thrown out because the judge did not
> believe it. As a matter of fact, there was at least one serious error
> of fact in his rationale for not believing it, but, and here is the
> really key point, THERE IS ONLY EVER ONE TRIER OF FACT IN AMERICAN
> LAW. EVER.
> 
> Appeals concern only whether the law was complied with in the
> fact-finding trial, and apparently it was.
> 
> In fact, in order for
> > such "ignoring of evidence" to stand up on appeal, the judge states
> > why the evidence was discounted. Therefore it is a matter of law why
> > the evidence was discounted.
> 
> Actually, I didn't in that post, though I think it quite possible. And
> you believe wrong.
> 
> >You stating that the judge was biased in
> > contradiction to his/her stated reasons, which would be a deriliction
> > of duty (which I believe was already appealed on and disagreed with)
> > and possible perjury.
> 
> Actually, he can't, since he was in fact quite wrong on a key fact --
> the date of the Karen Ann Quinlan case. But it doesn't matter. He
> complied with the law. That's all that *does* matter.
> 
> The judge can prove his/her reasons, so making
> > such an accusation is either libel or slander. Since you typed it,
> > it's libel.
> 
> No, assuming I were to say it, it would be my opinion as a private
> citizen on a matter of public record..
> 
> > The doctors who disagreed with the diagnosis did not personally
> > examine her for an extended period of time-- many of them saw an
> > edited video tape prepared by the family.
> 
> This was true of some doctors on both sides. The only doctor who spent
> more than an hour with her though questioned the diagnosis. Did you
> know, by the way, that one of the "experts" on whose opinion the
> ruling of PVS was based has also diagnosed as suffering from this
> condition a patient who is capable of driving an electric wheelchair?
> Wouldn't you think that this would require a certain awareness of
> one's surroundings?
> 
> The one guy who did disagree
> > after having examined her in person very briefly had previously
> > written articles claiming that her condition does not exist. He was
> > already biased before he saw her and he is considered a crackpot in
> > the medical community.
> 
> I think you're talking about the guy who wanted to try bariatric
> therapy. All I can tell you is that a) he was not the only doctor who
> examined her, and you should get your facts straight before accusing
> other people of bias and b) maybe it would have worked. You would not
> believe the doctors who tell me I cannot possibly be cured of the
> things I've been cured of. Unfortunately, most MD's do not keep up
> with current research beyond perhaps the NEJM.
> 
> 
> > Your experience with similar issues has great standing in this case.
> 
> Why? How do you know that? You don't even know what it is.
> 
> > You are extremely biased against the person who repeatedly won legal
> > judgements in this case.
> 
> Am i now. Why do you think that?
> 
> It doesn't matter to you how many judges
> > agree with him
> 
> Did they agree with him or agree that he had correctly applied the law
> as written?
> 
> or how many people supported his decision (more than
> > half of this country)
> 
> actually, no, this doesn't matter to me one bit. More than half the
> people on this list thought I was wrong about Iraq, too. I call them
> as I see them and I don't do a poll first.
> 
> > or how many doctors agree upon the diagnosis.
> 
> Hmm. Let's say that it troubles me that there are respected doctors who don't.
> 
> > All you care about is that there are legally unfounded accusations
> > against him that may not have any bearing on the case whatsoever.
> 
> Wow, and I am the one who is biased here? Who the hell are you to come
> tell me what I care about? Who exactly the fuck do you think you are
> spouting half-remembered media coverage and telling me what I would
> know if I knew what I was talking about? Go read the court documents
> and we'll talk if you really like, and if the tone of the discussion
> improves.
> 
> > That's your bias. And it's completely obvious that it's your bias and
> > that you have personal issues with the accusation that make you tend
> > to believe that they are true by default.
> 
> You're full of crap. You know nothing about my personal history and
> are extrapolating, mostly in error as it happens. I said I had been a
> participant, not a victim. No further comment.
> 
> > As someone who also has personally issues involved with some aspects
> > of this case, I do not want you representing me, and that is what you
> > are pretending to do.
> 
> I am? Representing you as what? A liberal? A Republican? A Christian?
> A female? I genuinely have not idea what *you* think I think would be
> the basis for such a claim.
> 
> You are biassed and irrational about the case,
> > and not having been in this particular forum when previous discussions
> > happened does not mean that I am uninformed.
> 
> Oooooooh. So although you haven't read the archives you've accepted
> someone else's version of the discussion. It makes more sense now. And
> this makes you more objective than I am does it... o-kaaaay.
> 
> > And the remark about religious beliefs is completely relevant too. I
> > know a ton of people who change their religious beliefs and either do
> > not inform their parents or have their parents fail to respect their
> > change in religious beliefs. The parents and siblings specifically
> > said that their family's religious beliefs do not support her husbands
> > claims that she would not want to be kept alive artificially.
> 
> Maybe that's true. The point that troubles me is that we do not know,
> we never will know and now the woman is dead. However, in the absence
> of specific knowledge should we really have  decided her life was not
> worth living? Excuse me, but this is not an ignorant question and it
> could apply to you one day.
> 
> As a matter of fact my own interest in the case stemmed far more from
> my discovery that my dad had had a stroke than from any identification
> of Michael Schiavo with some hypothetical past abuser, you brainless
> little twit. Do your own thinking next time, before you attack someone
> in a public form.
> 
> You idiot.
> 
> She
> > never talked to them about her wishes. With her family's strong
> > religious beliefs, I doubt that she would have told them if she did
> > not follow that same beliefs that they did. The reason that a husband
> > has the authority to make these decisions instead of the family is
> > that people are more honest with their spouses than with their
> > parents.
> 
> We don't know. Could be. Could not be.
> 
> > It honestly doesn't matter if you think she did or did not want to die
> > the way that she did. Let the poor woman rest in peace already.
> 
> Indeed. So why the post? All I said was that the finding was not surprising :)
> 
> All the rest was colored in by you and whoever was thinking for you,
> and baby, it wasn't pretty.
> 
> Dana
> 
> PS  - since you seem to need people to do your heavy intellectual
> lifting, I found the link to the Abstract Appeal site for you. Gee,
> it's abstractappeal.com, and whoever you're getting your facts from
> never found it... I think that says all that needs to be said.
> 
> I have a life, which has patiently waited for me as I composed this.
> So long, and I hope you enjoyed my respect while you had it.
> 


-- 
Nobody's laughing now
But you could always make me laugh out loud

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