12/11/2003
Denied with prejudice
The 2nd DCA site posts a PDF file of its order on the Schiavo case.
It's not at all ambiguous -- Jeb and O'Connor are misrepresenting the trial judge's comments.
A legislative act impinging on the right of privacy is presumptively unconstitutional unless proved valid by the State. [N. Fla. Women's
Health & Counseling Servs., Inc. v. State, 28 Fla. L. Weekly S549, S552 (Fla. July 10, 2003).] The circuit judge's statement that this legislation is presumptively unconstitutional simply announced the standard by which he believes the constitutionality of the statute is to be measured and is therefore legally insufficient to create a well-founded fear of prejudice or bias.
Jeb pouts -- "It appears the court has determined that prejudging a case before evidence is presented is acceptable in Florida, which is the same error made by the trial court," Bush said.
It's not at all ambiguous -- Jeb and O'Connor are misrepresenting the trial judge's comments.
A legislative act impinging on the right of privacy is presumptively unconstitutional unless proved valid by the State. [N. Fla. Women's
Health & Counseling Servs., Inc. v. State, 28 Fla. L. Weekly S549, S552 (Fla. July 10, 2003).] The circuit judge's statement that this legislation is presumptively unconstitutional simply announced the standard by which he believes the constitutionality of the statute is to be measured and is therefore legally insufficient to create a well-founded fear of prejudice or bias.
Jeb pouts -- "It appears the court has determined that prejudging a case before evidence is presented is acceptable in Florida, which is the same error made by the trial court," Bush said.
