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Old 11-10-2010, 12:27 PM
 
Location: the very edge of the continent
89,026 posts, read 44,840,107 times
Reputation: 13714

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Quote:
Originally Posted by DC at the Ridge View Post
He DID NOT RULE on the criminal proceedings. He was a civil courts judge, and he could not rule on the criminal proceedings.

I'm not going to keep arguing this with you. You don't understand what happened, that's clear.
I DO understand what happened. The judge referenced the man's belief (Islamic Sharia law) in ruling a lack of criminal intent, vacating temporary restraints, and dismissing the plaintiff's domestic violence action.

The Muslim woman had to appeal that judge's decision, and won on appeal.

The appeal would not have been necessary had the prior judge not based his ruling on the Sharia law beliefs of the Muslim man.
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Old 11-10-2010, 12:32 PM
 
16,545 posts, read 13,452,677 times
Reputation: 4243
Quote:
Originally Posted by InformedConsent View Post
I DO understand what happened. The judge referenced the man's belief (Islamic Sharia law) in ruling a lack of criminal intent, vacating temporary restraints, and dismissing the plaintiff's domestic violence action.

The Muslim woman had to appeal that judge's decision, and won on appeal.

The appeal would not have been necessary had the prior judge not based his ruling on the Sharia law beliefs of the Muslim man.
You are arguing with someone who just loves to argue for the sake of it, whether it be fact based or not.
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Old 11-10-2010, 12:32 PM
 
42,732 posts, read 29,884,155 times
Reputation: 14345
Quote:
Originally Posted by InformedConsent View Post
I DO understand what happened. The judge referenced the man's belief (Islamic Sharia law) in ruling a lack of criminal intent, vacating temporary restraints, and dismissing the plaintiff's domestic violence action.

The Muslim woman had to appeal that judge's decision, and won on appeal.

The appeal would not have been necessary had the prior judge not based his ruling on the Sharia law beliefs of the Muslim man.
No, you don't understand.

Because you don't understand that the criminal court proceedings on the rape charges were never affected by this judge's rulings. The criminal action was a wholly separate matter.

You seem to think that this judge had the power to dismiss the criminal charges. He didn't.

You seem to think that the appeal reinstated the criminal charges. It didn't. Because the criminal charges were NEVER dismissed.
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Old 11-10-2010, 12:43 PM
 
Location: the very edge of the continent
89,026 posts, read 44,840,107 times
Reputation: 13714
Quote:
Originally Posted by DC at the Ridge View Post
No, you don't understand.
Yes, I do understand. I've posted the overturned judge's ruling and actions on the case. They are such: the judge referenced the man's belief (Islamic Sharia law) in ruling a lack of criminal intent, vacating temporary restraints, and dismissing the plaintiff's domestic violence action.

The judge was reversed on appeal.

Read the Superior Court Appellate Division case. Those are the facts, and they're all in there:
a6107-08.opn.html (http://lawlibrary.rutgers.edu/courts/appellate/a6107-08.opn.html - broken link)
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Old 11-10-2010, 12:46 PM
 
19,226 posts, read 15,324,078 times
Reputation: 2337
Quote:
Originally Posted by InformedConsent View Post
Yes, I do understand. I've posted the overturned judge's ruling and actions on the case. They are such: the judge referenced the man's belief (Islamic Sharia law) in ruling a lack of criminal intent, vacating temporary restraints, and dismissing the plaintiff's domestic violence action.

The judge was reversed on appeal.

Read the Superior Court Appellate Division case. Those are the facts, and they're all in there:
a6107-08.opn.html (http://lawlibrary.rutgers.edu/courts/appellate/a6107-08.opn.html - broken link)

That's VERY compelling.
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Old 11-10-2010, 12:51 PM
 
Location: the very edge of the continent
89,026 posts, read 44,840,107 times
Reputation: 13714
Quote:
Originally Posted by SourD View Post
You are arguing with someone who just loves to argue for the sake of it, whether it be fact based or not.
I'm posting facts and the actual NJ Superior Court Appellate Division court document.

DC at the Ridge is posting 'no it's not' opinion.

Maybe DC should take it up with the NJ Superior Court Appellate Judges...
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Old 11-10-2010, 01:11 PM
 
42,732 posts, read 29,884,155 times
Reputation: 14345
Quote:
Originally Posted by InformedConsent View Post
I'm posting facts and the actual NJ Superior Court Appellate Division court document.

DC at the Ridge is posting 'no it's not' opinion.

Maybe DC should take it up with the NJ Superior Court Appellate Judges...
You are posting a link to an appellate decision overturning the civil court judge's ruling regarding a restraining order.

You are NOT posting anything having to do with the SEPARATE matter of the criminal complaint against the husband.
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Old 11-10-2010, 02:04 PM
 
Location: the very edge of the continent
89,026 posts, read 44,840,107 times
Reputation: 13714
Quote:
Originally Posted by DC at the Ridge View Post
You are posting a link to an appellate decision overturning the civil court judge's ruling regarding a restraining order.
Yes, I am aware of that. Note the REASON why the judge ruled a lack of criminal intent, vacated temporary restraints, and dismissed the plaintiff's domestic violence action.

...the man's belief (Islamic Sharia law).

Let's see what the Appellate Judges have to say...
Quote:
We are also concerned that the judge's view of the facts of the matter may have been colored by his perception that, although defendant's sexual acts violated applicable criminal statutes, they were culturally acceptable and thus not actionable — a view that we have soundly rejected.
a6107-08.opn.html (http://lawlibrary.rutgers.edu/courts/appellate/a6107-08.opn.html - broken link)
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Old 11-10-2010, 02:09 PM
 
42,732 posts, read 29,884,155 times
Reputation: 14345
Quote:
Originally Posted by InformedConsent View Post
Yes, I am aware of that. Note the REASON why the judge ruled a lack of criminal intent, vacated temporary restraints, and dismissed the plaintiff's domestic violence action.

...the man's belief (Islamic Sharia law).

Let's see what the Appellate Judges have to say...

a6107-08.opn.html (http://lawlibrary.rutgers.edu/courts/appellate/a6107-08.opn.html - broken link)
Maybe you ought to read the parts in your appellate decision that discuss that SEPARATE matter of the criminal proceedings. You know, like when they talk about the FAMILY COURT JUDGE'S assumption of a no-contact order being issued by the CRIMINAL COURT handling the RAPE CHARGES.

Perhaps then, you will realize that this man is still facing criminal charges and will most likely go to jail for his actions. Maybe then, you will realize that the only thing this FAMILY COURT judge could rule on was a RESTRAINING ORDER.
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Old 11-10-2010, 02:22 PM
 
320 posts, read 290,417 times
Reputation: 137
Religious law should not be practiced in our country. Christian, Muslim, Buddhist whatever. It has no place here and I agree with Oklahoma.
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