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Ned
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of Aptos, CA
Oct 1999
time: 21:18
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quote:
Originally posted by Imran Siddiqui
I'm not talking about prelim injunctions, I'm talking about in the case in general. If you don't bring the federal issues in at the beginning, you can't bring them up later. You have a choice, you can either go to state court or federal court on an issue, you can't pick both by asserting a federal issue in the middle (or after) a trial. |
Imran, obviously, you have not litigate real cases. The question about raising new issues is always open as most case are litigated over time. As evidence presents new issues, they are litigated and decided in due course without necessarily requiring an amendment to the pleadings.
When a case is final, though, and on appeal, new issues normally cannot be presented and decided. But this does not estop the appellate court from raising them themselves and deciding a case on such new issues sua sponte. I have a party to more than one such case.
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Drake Tungsten
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Knee deep in alien womyn...
Oct 2001
time: 14:18
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Ralph Nader comes out in support of Terri Schiavo.
quote:
Consumer Advocate Ralph Nader and Wesley J. Smith, author of the award winning book "Culture of Death: The Assault on Medical Ethics in America" call upon the Florida Courts, Governor Jeb Bush and concerned citizens to take any legal action available to let Terri Schiavo live.
"A profound injustice is being inflicted on Terri Schiavo," Nader and Smith asserted today. "Worse, this slow death by dehydration is being imposed upon her under the color of law, in proceedings in which every benefit of the doubt-and there are many doubts in this case-has been given to her death, rather than her continued life."
Among the many injustices in this case, Nader and Smith point to the following:
The courts not only are refusing her tube feeding, but have ordered that no attempts be made to provide her water or food by mouth. Terri swallows her own saliva. Spoon feeding is not medical treatment. "This outrageous order proves that the courts are not merely permitting medical treatment to be withheld, it has ordered her to be made dead," Nader and Smith assert.
The medical and rehabilitation experts are split on whether Terri is in a persistent vegetative state or whether Terri can be improved with therapy. There is only one way to know for sure- permit the therapy. That is the only way to resolve all doubts.
The court is imposing process over justice. After the first trial in this case, much evidence has been produced that should allow for a new trial-which was the point of the hasty federal legislation. If this were a death penalty case, this evidence would demand reconsideration. Yet, an innocent disabled woman is receiving less justice.
The federal and state governments are spending billions on what we are told will become miracle medical cures for people with all sorts of degenerative conditions, including brain damage. If this is so, why not permit Terri's parents and siblings who want to care for her do so in the hope that such cures are discovered?
Benefits of doubts should be given to life, not hastened death. This case is rife with doubt. Justice demands that Terri be permitted to live. |
http://releases.usnewswire.com/GetRelease.asp?id=44858
The man really has a thing for lost causes, doesn't he?
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25-03-2005 08:59
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