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Reply #22: Notice that Stevens is the only one who had enough integrity [View All]

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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-30-07 08:27 PM
Response to Reply #21
22. Notice that Stevens is the only one who had enough integrity
Edited on Mon Apr-30-07 09:03 PM by depakid
to follow established legal procedure in this case....

"Relying on a de novo review of a videotape of a portion of a nighttime chase on a lightly traveled road in Georgia where no pedestrians or other “bystanders” were present, buttressed by uninformed speculation about the possible consequences of discontinuing the chase, eight of the jurors on this Court reach a verdict that differs from the views of the judges on both the District Court and the Court of Appeals who are surely more familiar with the hazards of driving on Georgia roads than we are.

The Court’s justification for this unprecedented departure from our well-settled standard of review of factual determinations made by a district court and affirmed by a court of appeals is based on its mistaken view that the Court of Appeals’ description of the facts was “blatantly contradicted by the record” and that respondent’s version of the events was “so utterly discredited by the record that no reasonable jury could have believed him.” Ante, at 7–8.

Rather than supporting the conclusion that what we see on the video “resembles a Hollywood-style car chase of the most frightening sort,” ante, at 7,1 the tape actually confirms, rather than contradicts, the lower courts’ appraisal of the factual questions at issue. More important, it surely does not provide a principled basis for depriving the respondent of his right to have a jury evaluate the question whether the police officers’ decision to use deadly force to bring the chase to an end was reasonable....."

See Stevens' blistering dissent here: http://www.supremecourtus.gov/opinions/06pdf/05-1631.pdf

Makes one lose respect for the the Clinton appointees, that's for sure. In certain respects, they're no better than Republican appointees- just with a different agenda.

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