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RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 2:59:41 PM   
Iamsemisweet


Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline 		You might think that, but I don't know all the facts of the Ohio case.  I bet the Supremes take another crack at it, though, because the Alabama Supreme Court just decided, based largely on Troxel, that:

The petitioners, E.R.G. and D.W.G., grandparents of minor children, challenge the decision of the Court of Civil Appeals, which, among other things, upheld § 30-3-4.1, Ala. Code 1975, the Alabama Grandparent Visitation Act ("the Act"), against a constitutional challenge by E.H.G. and C.L.G., the parents of the minor children.[fn1] E.H.G. v. E.R.G., [Ms. 2071061, March 12, 2010] ___ So. 3d ___ (Ala. Civ. App. 2010). We affirm the judgment of the Court of Civil Appeals, but we do so on a rationale different from the rationale given by that court. Because the Act authorizes a court to award visitation to a grandparent whenever doing so "is in the best interests of the minor child," potentially overriding a parent's decision to deny the grandparent such visitation, without regard for the fundamental right of a fit parent to direct the upbringing of his or her child, we hold that the Act is unconstitutional.



_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to tazzygirl)
Profile   Post #: 121
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 3:47:36 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		In this appeal, this court considers whether a circuit court may constitutionally award grandparents visitation with their grandchildren over the objection of the children's fit, natural,1 custodial parents without providing clear and convincing evidence that the denial of such visitation would cause the children substantial harm.

The Alabama Grandparent Visitation Act

The Grandparent Visitation Act (“the Act”), Ala.Code 1975, § 30-3-4.1, provides, in pertinent part:

“(b) Except as otherwise provided in this section, any grandparent may file an original action for visitation rights to a minor child if it is in the best interest of the minor child and one of the following conditions exist:

As construed by this court, in considering “the wishes of any parent who is living,” pursuant to § 30-3-4.1(d)(6), the deciding court must presume that the decision of a parent whether to allow grandparent visitation serves the best interest of a child and the court may award visitation only when the petitioning grandparent adduces clear and convincing evidence overcoming that presumption. See L.B.S. v. L.M.S., 826 So.2d 178 (Ala.Civ.App.2002) (plurality opinion authored by Thompson, J., with Pittman, J., concurring; Yates, P.J., and Murdock, J., concurring in the result; and Crawley, J., dissenting); see also J.W.J. v. P.K.R., 976 So.2d 1035, 1039-40 (Ala.Civ.App.2007).

http://caselaw.findlaw.com/al-court-of-civil-appeals/1510154.html

The problem with their case is that the state wanted the grandparents to prove their lack of visitation was harmful to the children. I dont expect the Ohio case to be revisited. The Supreme Court rarely does that. This case, I do expect to make it up there.

Again, The Supreme Court had the opportunity in 2005 to take up the Ohio law. They wont do so with that case again.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Iamsemisweet)
Profile   Post #: 122
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 4:03:39 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline 		The jurors that have talked seem to imply the verdict was based on "reasonable doubt." Although one juror who has spoken said that she did not say she was innocent, there just was not enough evidence to convict.

A point that were mentioned by an alternate juror does raise some questions.

George Anthony was familiar with the odor of decomp, so when he smelled it in the car at the impound lot, why the hell did he not call the police then?

The fact I had this question myself does not belie the fact that until the car was towed, it was in the possession of Casey Anthony.

Considering that there was 31 days of lies and parties, makes me think she had something to do with the death of Caylee, but a jury found her innocent. To me it reeks of jury nullification, the jury had doubts about the entire family and since they could not punish all of them, they refused to punish one.


And contrary to the arguments presented, after reading the thread, I have seen no one advocate someone taking the law into their hands and killing her, but considering the religious reasons people come up with for murder, there is the chance that someone will take the law into their own hands and kill her.




< Message edited by jlf1961 -- 7/6/2011 4:04:55 PM >

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(in reply to tazzygirl)
Profile   Post #: 123
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 4:11:15 PM   
Iamsemisweet


Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline 		Yes, Tazzy, I am familiar with the concept of cert, I know they won't take up the Ohio case, unless it is taken up under different circumstances.  But there is obviously confusion, not just in this forum, but in the state jurisdictions about the significance of Troxel.  I suspect they will deal with that, sooner or later.
In any case, I would not expect a lawsuit by the grandparents.  And the jurors who are talking are saying it was a failure on the part of the state to meet the burden.


_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to jlf1961)
Profile   Post #: 124
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 4:11:52 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		Lets put this to rest once and for all.

I asked a question. I did not make an emphatic statement until I read his response. The idiot acted like he had his hand caught in the cookie jar. Which lead to my emphatic response.

Dont like how I took it? Tough. Agree to disagree and move on.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to jlf1961)
Profile   Post #: 125
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 4:16:42 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline
quote:

ORIGINAL: Iamsemisweet

Yes, Tazzy, I am familiar with the concept of cert, I know they won't take up the Ohio case, unless it is taken up under different circumstances.  But there is obviously confusion, not just in this forum, but in the state jurisdictions about the significance of Troxel.  I suspect they will deal with that, sooner or later.
In any case, I would not expect a lawsuit by the grandparents.  And the jurors who are talking are saying it was a failure on the part of the state to meet the burden.



I was asking a "what if" question based upon the OJ decisions in civil courts.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Iamsemisweet)
Profile   Post #: 126
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 4:24:58 PM   
Marini


Posts: 3629
Joined: 2/14/2010
Status: offline 		FR

Okay, I am peeking into one of my internet sites for "interesting news", and I see a video of grandpa going off after the verdict.
lol
It's terrible and he uses very, very, bad language.

Race doesn't matter, watch grandpa lose it over casey anthony verdict

Casey needs to stay away from folks like Grandpa.

< Message edited by Marini -- 7/6/2011 4:26:56 PM >

_____________________________

As always, To EACH their Own.
"And as we let our own light shine, we unconsciously give other people permission to do the same. "
Nelson Mandela
Life-long Democrat, not happy at all with Democratic Party.
NOT a Republican/Moderate and free agent

(in reply to SternSkipper)
Profile   Post #: 127
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 4:28:58 PM   
willbeurdaddy


Posts: 11894
Joined: 4/8/2006
Status: offline
quote:

ORIGINAL: Marini

FR

Okay, I am peeking into one of my internet sites for "interesting news", and I see a video of grandpa going off after the verdict.
lol
It's terrible and he uses very, very, bad language.

Race doesn't matter, watch grandpa lose it over casey anthony verdict

Casey needs to stay away from folks like Grandpa.



Did you get SternSkippers permission to post his rant?

_____________________________

Hear the lark
and harken
to the barking of the dogfox,
gone to ground.

(in reply to Marini)
Profile   Post #: 128
RE: Casey Anthony Alert....Turn on those TVs - 7/6/2011 5:08:54 PM   
MastrVran


Posts: 354
Joined: 3/15/2006
Status: offline 		Getting back to the case for a second.

I watched most of the trial. Sad but true. During which time I noticed a number of disturbing things the Prosecution did. They put a Medical Examiner on the stand who testified that she had no way of telling us anything. She had no clue as to what happened. Then they took her opinion based on things that had nothing to do with the charges and acted as if that proved something. Her opinion that finding a body not at the place of death meant it could not have been an accident? Really? That finding duct tape near the body, without any adhesive on it to show how or if it actually had been attached was proof positive of a Homicide. Really? What ever happened to Just the Facts ma'am. No guesses allowed or required. I feel she hurt the case more than anyone by making biased, unprovable statements which made great soundbites but had no factual basis. Also it seemed she was the reason they went for Murder because of her determinations.

Then you add in Kronk. A guy who 1 month after the girl dies, knows where the body is and never does the sensible thing of calling the police, standing beside the body, flagging said police down and getting the body recovered at a time when something useful probably still existed as evidence.

Also throughout the trial I expected to hear the state say we know what happened. Here is what happened. Instead all through the trial I heard such great comments as "What if the duct tape was used to smother the poor little girl." "What if the tattoo means Casey wanted to live a Beautiful life without Calley." In closing I heard.."We can only hope...that Calley was not dead in the trunk while her mom drove around and partied."

In other words every comment the Prosecution made was showing without doubt that they had no clue what had happened but they had some cool theories about it. And if they could just tick the jury off enough at Casey they would win the case without having to prove anything. Does being a party girl make you a murderer? Even Lohan and Hilton do not seem to have become one. Does failing to report something mean that without doubt you killed someone? Nope. Without context and knowledge you are just making a decision based on your emotional dislike of someone.

Nancy Grace lol, everyones favorite unbiased fact based news reporter stated over and over and over again how Casey would be found guilty because the state was going to pull the heart strings of the jury and that would decide it because you had to have "Justice for Calley." What did that mean? We have to convict someone in order to "feel" better about this case. No matter what the state fails to prove.

In a murder case, I personally feel that if you are going to convict someone, shouldn't we at the VERY LEAST, be able to prove a crime had even been commited? I know that in the past with missing bodies and various other situations there have been convictions without evidence of a crime. Does not mean I agree with those cases either. Just because I personally feel Casey was involved and probably chloroformed her child, duct taped the mouth to keep her quiet, and for what ever reason Calley died one night while Casey was partying, does not mean I could convict her on the total lack of actual evidence the state produced.

Having an opinion based on possibilities does not or should not be enough to convict anyone.



(in reply to willbeurdaddy)
Profile   Post #: 129
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