Posted on 04/01/2005 5:34:21 AM PST by marshmallow
Does the appeals court review those facts for accuracy? Does it investigate the material itself, or simply depend on the material as presented in the ruling? So basically, you are saying that the appeals court uses the repetition of the facts in the trial judge's ruling in order to evaluate those same facts?
When you get to present the facts your way, how difficult is it to get the appeals court to agree (hence the proverbial indicted ham sandwich)? Once again, no appeals court evaluated the accuracy of the facts, they simply examined the facts as presented in order to determine if they were established according to the law. That statement correctly describes the process, as any review was dependent upon the very document wherein the judge's opinions were enshrined as "facts" to determine whether or not they were facts, by your own admission.
"Does the appeals court review those facts for accuracy?"
You are quite accurate with your assessment and you would make a great attorney. I was stating the process and you pointed out the holes within that process. The reality is, that is the way our judicial system works. It is by no means perfect and when you get into these life and death issues, you are more likely to expose the deficiencies. Enjoyed reading your post. DC
Believe me when I say that I'm sorry to be right, if I am. BTW, discussions like this (respectful disagreement, etc.) are what make FR the great place it is. Plus, the cool thing is that there is always an expert (in this case, practicing attorneys) lurking around somewhere to give an inside view. For my part, if anyone ever needs any Anglo-Saxon or Old Icelandic translated, I've got them covered...hehehehe.
Personally, I think Mel Gibson could make a powerful movie from her parents point of view -- doesn't even have to be HER story as much as a story on the absolute hopelessness of a family trying to save their child and fighting the system and failing. Sometimes it takes a powerful visual for people who don't "get" it to finally catch on. It sounds like something he (Gibson) could do quite well.
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