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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
quote:
this case like Habeas Corpus cases where new issues can be raised at the Federal level even after the state proceedings are final. |
No it isn't. Habeas Corpus is only for criminal cases. It has no application here, and there is no analogy possible. It isn't "like Habeas Corpus" just like you want it to be. There is no basis in the law for applying Habeas Corpus to a civil case. |
Imran, I sometimes wonder about you. The issue in most federal Habeas Corpus cases is the resolution of whether the petitionier's constitutional rights were violated. The Federal Courts, in reviewing these cases, is not bound by the record below. They can receive evidence, such as DNA evidence, that was not available at the time of trial for example, or agree or disagree that the evidence presented or excluded at trial was tainted in some constitutionally defective manner.
While making these determinations, the Federal Courts always issue stay orders so that executions cannot take place before the Federal proceedings are over.
Congress has the POWER under Art. III to grant the same rights to people, like Terry, who are about to be put to death by a state abeit not through a criminal procedure.
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Ned
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of Aptos, CA
Oct 1999
time: 21:18
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Just now on Hannity & Colmes, Davie Bois (sp?), Gore's lawyer, said that the proceedings tonight before the District Court did seem to raise the proper issues for the first time: Whether Terry is actually in a PVS and whether she consented to removing of life support. According to Bois, a state is justified under Supreme Court authority to terminate life support if both conditions are true. According to Boise, the Shindlers presented evidence tonight that brought, for the first time, both issues into legal doubt. This, in his opinion, would justify a plenary review and would make the issuing of an order to preserve Terry's life mandatory in his view.
The district court judge has said he will work on his opinion through the night and will issue it ASAP.
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DRoseDARs
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"My god, it's full of peas..."
Jul 2002
time: 21:18
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It's starting...
quote:
http://www.newsday.com/news/nationw...ation-headlines
Man Trys Steal Gun to 'Rescue Schiavo'
By Associated Press
March 25, 2005, 3:17 AM EST
SEMINOLE, Fla. -- A man was arrested after trying to steal a weapon from a gun shop so he could "take some action and rescue Terri Schiavo," authorities said.
Michael W. Mitchell, of Rockford, Ill., entered Randall's Firearms Inc. in Seminole just before 6 p.m. Thursday with a box cutter and tried to steal a gun, said Marianne Pasha, a spokeswoman for the Pinellas County Sheriff's Office.
Mitchell, 50, told deputies he wanted to "take some action and rescue Terri Schiavo" after he visited the Pinellas Park hospice where she lives, Pasha said.
The feeding tube that has kept Schiavo alive for more than a decade was removed March 18 over objections from her parents. Schiavo's husband has said his wife would not want to be kept alive artificially.
Doctors have said she would probably die within a week or two of the tube being pulled.
Randy McKenzie, the owner of Randall's Firearms, said Mitchell pulled out the box cutter and broke the glass on a couple of display cases.
"He told me if I wasn't on Terri's side then I wasn't on God's side, either," McKenzie told The Associated Press.
McKenzie said he then pointed his own gun at Mitchell and ordered him to lie on the ground. But Mitchell fled out the store's back door before police arrived, he said.
Mitchell was later arrested in a parking lot and was scheduled to appear in court Friday. He was being held on $125,000 bond on charges of attempted armed robbery, aggravated assault and criminal mischief, officials said.
It was not known if he had a lawyer.
Seminole is about 5 miles west of Pinellas Park. |
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Imran Siddiqui
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The Potterverse
Jan 1970
time: 00:18
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quote:
The issue in most federal Habeas Corpus cases is the resolution of whether the petitionier's constitutional rights were violated. |
Which is done in CRIMINAL cases, Ned. You aren't listening! Habeus corpus review does not apply in civil cases. Habeus corpus is a petition that you are being held unfairly. That doesn't apply to the civil side.
quote:
Congress has the POWER under Art. III to grant the same rights to people, like Terry, who are about to be put to death by a state abeit not through a criminal procedure. |
Even if they did, Ned, READ THE LAW! It says nothing about allowing the Shindlers to bring a new suit on habeus corpus grounds. That would have probably had made a better argument than the crap law they passed, which was simply she can petition the federal court for civil rights violations (which is a federal law, applicable to civil cases, so that avenue was open to them before hand and they were denied).
Oh, and under Article III of the Constitution, Congress has the right to "ordain and establish" smaller federal courts and the right to set the salary of judges. It says nothing about increasing the jurisdiction... that is something that would be an Article I power.
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25-03-2005 10:57
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