agman said:RobertMac said:SH said:If a jury always got the decision right, you wouldn't need a judge or an appeals process. Our judicial system has checks and balances in place for good reason.
In a jury trial, the judge is there to manage the proceedings and the jury is there to return a verdict. If the jury verdict was allowed to stand, the Appellate Court over turned it, and the Supreme Court refused to hear the case, I would have no problem with the case because due process would have played out the way it should have. The excuse of Judge Strom overturning the jury verdict because of HIS concern for HIS judicial record doesn't appear right, even if it is legal.![]()
Agman, do you or SH agree with the Supreme Court eminent domain decision?
RM, you know better. Juries do not always get it right. The JUDGE, is given the right and obligation to see the verdict was consistent with the testimony. If not, he has a legal obligation to void the verdict. That is what the judge did. The judge has that responsibility, not the Appellate Court. He acted properly and within the confines of the law.
He overturned the case because the verdict had no merit. How foolish would he have looked to allow the verdict to stand. His concern for how it might appear was down the list to his legal obligation which he rightfully exercised and his decision was upheld UNANIMOUSLY. Are you suggesting it would be right for the judge to forgo his legal obligation and let an unjustified verdict stand-yes or no?
You have to be kidding to suggest if he let the verdict stand and the Appellate Court overturned the decision you could buy that process. I submit after seeing all your posts you would just find something else to complain about. To suggest otherwise is a cop-out.
Do you feed cattle and have you ever sold cattle on contract? I am just curious. For me the answer is "yes".
The Eminent Domain case is quite different then the Pickett case. There are two issues. One is the legality and the other involves execution of the law. I believe the ruling was legally correct. However, the execution of that EM law is very questionable and that will be ironed out in future legal cases. The limits to that right will be refined and that process is already underway. Personally, I believe old Nelly's house should be saved and the courts will refine and define that process. I believe most cases will be ruled in her favor; that will be a good thing.
I see you are hiding behind the "if you don't see it, it ain't there" theory again, Agman.
Have you made sure the court transcripts could be released yet?