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Old 03-30-2005, 10:01 PM
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Originally Posted by Mad4stevie
Yes. Thanks for posting the link to the opinion.

It was interesting to note that the dissenting judges Tjofat and Wilson note that "the plaintiffs have NOW stated a plausible claim" as if it was about time.
I have argued before Tjoflat before. He pulls no punches and is VERY direct, which IMO is what you want when orally arguing a case. He also IMO is a good jurist.

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Originally Posted by Mad4stevie
Also, I found it interesting that there was some dissention in the ranks when Gibbs (Schindler's lawyer) stated that she is beyond the point of recovering and then the parents came out and blasted him for saying that. Must be some interesting behind the scene antics going on there.
I know. From my point of view, the parents are frantic in their grabbing at straws. I feel badly for them and, again, cannot say I would not be doing the same if I thought my child wanted to live. I also think the powers to be that are driving them are filling their head with tripe like "you still have a chance" and, perhaps, "you owe us this appeal for all the support we have given you." The whole thing is just tragic and I truly feel for the parent's pain in this.
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Old 03-30-2005, 10:07 PM
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Originally Posted by strandinthewind
I have argued before Tjoflat before. He pulls no punches and is VERY direct, which IMO is what you want when orally arguing a case. He also IMO is a good jurist.



I know. From my point of view, the parents are frantic in their grabbing at straws. I feel badly for them and, again, cannot say I would not be doing the same if I thought my child wanted to live. I also think the powers to be that are driving them are filling their head with tripe like "you still have a chance" and, perhaps, "you owe us this appeal for all the support we have given you." The whole thing is just tragic and I truly feel for the parent's pain in this.
That's interesting that you have an inside point of view on Tjoflat. I agree that being direct is one of the best qualities that a judge can have. I cannot stand when judges are "all over the place", especially on their evidentiary rulings. I don't do much appeal work now; mostly trial work.

How much do you think Gibbs and Felos are pushing this for their own agendas?

Gibbs is on MSNBC now.
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Last edited by Mad4stevie; 03-30-2005 at 10:11 PM..
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Old 03-31-2005, 02:50 AM
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How much do you think Gibbs and Felos are pushing this for their own agendas?
Felos is an interesting case. He has done relativedly no press when compared to Gibbs and the supporters of Mrs. Schiavo's parents. In fact, the spin doctor pundits were all complaining last night that the parents are seen in a beter light by the public because they and their posse (lynch mob if you ask me) are very very vocal and are getting GREAT marketing advice. For example, no supporters of Mr. Schiavo are ever sen outside of the nursing home, Mr. Schiavo rarely makes a public statement and then takes questions, etc. So, that leads me to think Felos is behaving in a more dignified manner than Gibbs. Plus, Gibbs has flat out lied on more than one occasion to advance his cause - I mean the video they keep playing over and over is a staged thing that took hours to shoot in order to get Mrs. Schiavo to appear as if she is responding directly to stimuli - that is just sick IMO. I also think that given the private money that is going into this on the parents side (they are the ones primarily acting in the most public manner and state officials are not cheap and Federal one are even more expensive) - Gibbs or at least the people paying him have a huge interest and are using the parents as puppets, which is sad because I think the parents truly believe they are doing the right thing even if it is not what Mrs. Schiavo would have wanted.

Again, I think it is sad that the parents in their desparation chose this very public and humiliating road, but I cannot say I would not o the same if I thought it was the only way to save my child.
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