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Nifong's Appeal of Bankruptcy Order; Did Not Happen
Topic Started: Feb 10 2009, 10:17 AM (1,772 Views)
Acc Esq

I met the current Executive Director of the Cato Institute for the first time when I was a freshman in college. One Friday afternoon, there was a social conscience rally to support Cesar Chavez' boycott of Gallo. I think David was the founder of a campus YAF chapter. In any event, he manned a YAF booth next to the rally and gave away unlimited free pours of Gallo wine. For 18-20 year olds on a Friday afternoon, it is not hard to imagine who got all the attention. The UFW rally fizzled completely. It was an extremely effective counter-protest. So effective that I vividly remember it to this day. Cato has a good man at the helm.
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HSLAXMOM

Baldo
Feb 11 2009, 09:21 AM


Thank you, Baldo. You're awesome!
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MikeZPU

Baldo
Feb 11 2009, 09:21 AM
Well put: it was indeed a "nuanced denial".

KC was being congenial, and I appreciate that she
made the effort to write KC and clarify her statements.

However, except for the last sentence of her email,
I disagree with the premise of her email.
And I strongly disagree with her statement
Quote:
 
Looking at how Nifong handled the case, "the experiment didn't work" and one can't conclude anything.


While it is true that Nifong and the DPD did not conduct
a proper investigation (but only to the detriment of the players),
as Prof Anderson points out, extensive DNA testing was done, including
sensitive Y-plex testing, and it was done properly (just not reported
properly by Meehan and DNASI initially.) And remember
it was Nifong who requested that a judge order the sensitive
Y-plex testing.

If a Biology Professor cannot understand the implications of all the
DNA testing that was done (requested by Nifong) that is very, very scary.
Edited by MikeZPU, Feb 11 2009, 08:04 PM.
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sdsgo

Mike,

Sheryl’s statement makes perfectly good sense when you drop the digression in the middle, thusly:

“In science, if the data doesn't support the hypothesis, you drop or modify the hypothesis. … Listening to AG Cooper this afternoon, I accept that the data does not support the hypothesis, which in real life means that charges should be dropped.”

Before AG Cooper issued his statement dropping the charges and exonerating the defendants, Sheryl lacked sufficient information to form a conclusion. In fact, KC’s post says nothing about her prior knowledge of the DNA results. Thus her statement below makes a valid, though abstract, point.

“However, if the data doesn't exist because the experiment didn't work, one can't conclude anything. Looking at how Nifong handled the case, "the experiment didn't work" and one can't conclude anything.”


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Deleted User
Deleted User

sdsgo
Feb 11 2009, 08:42 PM
Mike,

Sheryl’s statement makes perfectly good sense when you drop the digression in the middle, thusly:

“In science, if the data doesn't support the hypothesis, you drop or modify the hypothesis. … Listening to AG Cooper this afternoon, I accept that the data does not support the hypothesis, which in real life means that charges should be dropped.”

Before AG Cooper issued his statement dropping the charges and exonerating the defendants, Sheryl lacked sufficient information to form a conclusion. In fact, KC’s post says nothing about her prior knowledge of the DNA results. Thus her statement below makes a valid, though abstract, point.

“However, if the data doesn't exist because the experiment didn't work, one can't conclude anything. Looking at how Nifong handled the case, "the experiment didn't work" and one can't conclude anything.”


I dunno... I looked at her statement, and it is a pile of pompous baloney. Science, data, experiment, hypothesis, etc. Experiment-schmexperiment! She is still trying to claim that "something might have happened", in the face of overwhelming evidence that nothing did. And using her credentials (such as they are) as a cover for her obscene lies.

Incidentally, she is affiliated with the Womens' Studies program, as opposed to any kind of legitimate biology; the titles of her publications illustrate this fact. Without getting into a detailed (and redundant) discussion of the general caliber of people in her (so-called) field, I will simply observe that this bahavior does not surprise me. :puk:
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nyesq83
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She refused to acknowledge the extraordinary declaration of innocence.

Fear of the wrath of The 88.

Funny how there were 88, and there are 88 keys on a piano.

Ebony and ivory, in harmony, does not fit the metanarrative.
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Baldo
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sdsgo
Feb 11 2009, 08:42 PM
Before AG Cooper issued his statement dropping the charges and exonerating the defendants, Sheryl lacked sufficient information to form a conclusion. In fact, KC’s post says nothing about her prior knowledge of the DNA results.
You are too kind.

I don't buy that. She is a Biology professor at Duke and well acquainted with the science of DNA.

The DNA tests were first revealed April 10 2006.

I imagine it might have more to do with her viewpoints of (gender, race, etc)

Specialties:
Genetics
Evolution

Research Categories: science literacy for non-majors; science education reform; the interaction of gender, education and global health

Current projects: Creating linked curricula on HIV/AIDS with Egerton University in Kenya., Developing international research service learning in the sciences., Community-level HIV interventions in rural Kenya, Geospatial mapping of community activity spaces

Research Description: How inclusion of civic issues, international connections, and social engagement alters the cognitive and affective responses of non- major science students to science education. How course design impacts the demographics (gender, race, etc) of student enrollment in elective science courses. Developing international science courses. The factors that impact educational outcomes for girls in rural Kenya. Community level HIV risk intervention and geospatial analysis of community interactions and access to public services.

Areas of Interest:
global health
HIV/AIDS
gender, education, and international development
science literacy
http://fds.duke.edu/db/aas/Biology/faculty/sbrover


Her www.wisergirls.org is about a school for girls in Kenya. Sounds like a good project.
Edited by Baldo, Feb 12 2009, 01:19 AM.
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RighteousThug
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Acc Esq
Feb 10 2009, 10:17 AM
I just realized that the final time to appeal Judge Beaty's order affirming the Bankruptcy Court's decision to lift the stay and transfer his case back to US District Court expired last week. Judge Beaty's Order was entered on 12/4. The normal time to appeal is 30 days, but there is an additional 30 day window in which the court may in its discretion permit a tardy appeal. After 60 days, however, the decision is unappealable. I was anticipating and following his filing in response to the civil suits so closely that I did not notice the lapse of the time to appeal. This is one potential source of delay that is no longer an obstacle to discovery and trial. Still to come are the rulings on the motions to dismiss and appeals of the immunity rulings.

Well, back to the original topic:

Good points, ACC, I too had lost track of the deadline. I never expected Nifong to appeal further than FDC, given that he eschewed his first level of appeal (Bankruptcy Panel). When he went directly to FDC I figured that was going to be his one and only shot. He simply cannot afford to appeal further (nor is Craven the atty to do it), but the real deal-killer was Beaty's ruling based on judicial economy. Beaty made it appeal-proof with that, and didn't even bother to address the personal injury tort aspect of the BK court's ruling.
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Tidbits

IIRC, generally in the circuits that have BAPs, and I assume in all circuits, the BAP is a substitute for appeal to the district court. Appeal from either is to the Court of Appeals.


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Baldo
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Whatever the next move the world's greatest self proclaimed ex- Durham attorney does will surely be a failure by judging his past actions

March 28th - when presented with results of DNA tests by NC SBI which devastated his case what did he do?

March 29, 2006
NBC17 News
"The circumstances of the rape indicated a deep racial motivation for some of the things that were done," District Attorney Mike Nifong said. "It makes a crime that is by its nature one of the most offensive and invasive even more so."
http://www.nbc17.com/news/8338932/detail.html


We learned a long time ago never underestimate his stupidity.
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