Death-Knell doctrine is a rule that allows an interlocutory appeal to be filed in cases where not allowing the appeal until final judgment would moot the issue on appeal and cause irreparable injury to the appellant's rights. This was recognized as an exception to the final-judgment rule but the doctrine was later limited by the U.S. Supreme Court in Coopers & Lybrand v. Livesay, 437 U.S. 463 (U.S. 1978) where the court held that the fact that an interlocutory order might induce a party to abandon his claim before final judgment was not a sufficient reason for considering it a "final decision." However the doctrine is still applicable in some contexts. For example, the doctrine allows an immediate appeal of the denial of a temporary restraining order when the lack of an appeal would leave nothing to be considered in the trial court. [Woratzeck v. Arizona Bd. of Exec. Clemency, 117 F.3d 400 (9th Cir. Ariz. 1997)]
Can you translate that into simple English please? <!-- s --><!-- s -->
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."
I have no idea really. I meant to have quotes around that. I looked it up since Eliza mentioned death knell and I learned there is a death knell doctrine and thought I'd share that. I'm not a lawyer so we can try and decipher together if it makes any sense to do so. We don't really know what's going on but my cursory understanding is, if the death knell doctrine applies in her case - depending on what the ruling actually was - it seems that she can appeal? Also, there maybe hasn't been a final ruling? We're in the dark at the moment because we don't know what the ruling is exactly or if there's been a final one.
I wonder who's having the best birthday ever?
Maybe Oprah will announce her miracle tomorrow that eventhough her step-father is named Vernon, her real father is named Vernon too and she's a
Presley!!! <!-- s --><!-- s --> <!-- s --><!-- s --> <!-- s --><!-- s --> <!-- s --><!-- s --> <!-- s --><!-- s -->
Well, she is from Mississippi! <!-- s --><!-- s --> <!-- s --><!-- s --> <!-- s --><!-- s -->
Anyway,
I looked up interloctory appeal to see if we can glean anything from all this legal mumbo jumbo.
"An interlocutory appeal (or interim appeal), in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the decisions made by the judge during that trial. However, many jurisdictions make an exception for decisions that are particularly prejudicial to the rights of one of the parties. For example, if a party is asserting some form of immunity from suit, or is claiming that the court completely lacks personal jurisdiction over them, then it is recognized that being forced to wait for the conclusion of the trial would violate their right not to be subjected to a trial at all."
Also, there are 2 comments from Eliza's post and she took down the image of Lady Justice <!-- s:| -->:|<!-- s:| -->
I agree with "Sandy". It would be great if she'd be clearer...
kimberlyadam said...
sister,
call me....I am very concerned...Debbie and I are worried about you... Happy birthday and always know RJ and I love you very much...if you need a place my door is always open
Love, Kim
1/23/11 4:24 PM
Sandy said...
Kind of vague so be more bold so we will know what this is suppose to mean.We would like the details? Please
Oh... Don't know if I understand it really, but could it mean that it was thrown out of court because the defendant (LMP) lives in the UK now?
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."
There is one thing that would change things for her, if a special someone came forward saying he'd hoaxed his death in 1977 and is still alive, against the wishes of Priscilla and Lisa. I agree this isn't over. She might be down for round two, but there's more rounds to go. Just her calm steadfast determination is an indication she will keep going.
But now how this possible defeat in court can be her best birthday ever, is not clear. This is a very mysterious redirect, TS. Do you know something we don't know?
But I'm lost! That sad poem doesn't seem to ring true for 'the best birthday ever', unless something happened since the court hearing. Was that on 14th? Have we heard anything official yet? Maybe someone wants the outcome kept quiet?
I read Linda's update on January 23rd and thought well there will be more to this story sooner or later. I went back to read her site again and sure enough more info is being revealed. There are things that are not being said. I know that some things are scary for people to speak on and one of those things is the fact that Scientology does play a huge part in the way this case is being handled. I am not saying that Linda is involved with the Scientology cult but Lisa and her mother are. Anyone who does some research on the Scientology cult will find out that they are into intimidation. They are white collar gangsters and will harass people. Something to consider when thinking about what Eliza was up against. <!-- s8-) -->8-)<!-- s8-) -->
I have learned this afternoon that the plaintiff in the court case involving Elvis's/Jesse's DNA has announced (in the form of a poem) that she did lose the case. This is a wonderful result for my wishes and Elvis's/Jesse's.
She should have listened on October 28, 2009, when Elvis/Jesse asked me to phone her and tell her to "STOP"...which I did immediately. Jesse has not been supporting her and she has not been told by him that he was going to come out.
I do know 100% that the DNA is from Elvis Presley himself. I am just so thankful that he has not been exposed through this court case.
Also, I would like to clear up one false statement that has been out there since the summer of 2008: Elvis/Jesse did not "give" the DNA to the plaintiff. She lifted it off of an envelope which he had licked in which he sent her a note. He has lick sealed all of my envelopes for the past (almost) 19 years and I would never have done such a thing.
Here is a link to the plaintiff's blog in order that everyone may visit and read her announcement:
elizapresley.blogspot.com/
MONDAY, JANUARY 24, 2011 --- UPDATE ON THE ABOVE COURT CASE
As anyone who has followed my web site will recall, I denounced the plaintiff's efforts to continue this case months ago and stated at that time that Elvis did not support her in this case. So, it should not come as a shock to anyone that the case was defeated. This is how it should have culminated. What goes around comes around.
I can tell the details of what took place on the day of the hearing in the court room. My dear friend Betty, who lives in Memphis, kept me posted on the events of the day. The following is exactly how things unfolded in the open court room:
This was scheduled to be an open court hearing with no cameras nor recorders allowed.
The plaintiff herself was not present. The only parties in attendance were the two opposing attorneys. Oddly enough the two attorneys appeared to be good friends, sitting together, visiting, laughing and talking. When the case was finally called, the attorneys asked the judge for the case to be heard in the judges private chambers. With that the judge, the two attorneys and the court recorder retired to the judges chambers. This alone should indicate that something which was not to be known to the public was to be discussed and decided.
Also, something else of interest is that the Court Docket has not yet been updated to show the outcome of the case. Normally, in the past, all events have been posted to the court docket very soon after taking place. It has now been 7 business days and still there is nothing added on the docket indicating what took place on the 14th.
I have heard rumors about why the case was dismissed but I will report nothing until it is confirmed officially. I will say, though, that if the reason I have heard is true then there would have been absolutely no reason for the case being heard in the judges chambers, there would be no reason for the delay in posting it to the court docket, and there would be no reason for the plaintiff to have worded her announcement of defeat in such a final way as she would have had other recourses of continued action.
I state the above in order that you may all understand how enormous the challenge of going against Elvis's own wishes was. Thus, the bitterness expressed by the plaintiff toward him in her announcement of her loss of the case.
Here is the link to the court docket in order that everyone may check for themselves to see that I am stating the truth: chancerydata.shelbycountytn.gov/pls/chweb/ck_public_qry_doct.cp_dktrpt_frames
Here are the entries which took place leading up to the Jan. 14th hearing also in order that you may see that I am stating the truth and that nothing has been posted about the Jan. 14th hearing:
12-JAN-2011
02:56 PM Affidavit (T)
Entry: AFFIDAVIT OF WILLIAM R. BRADLEY, JR.
13-JAN-2011
12:33 PM Response (T) CALDWELL, KATHLEEN L
Entry: PLAINTIFF'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT
13-JAN-2011
12:39 PM Memorandum (T) CALDWELL, KATHLEEN L
Entry: PLAINTIFF'S MEMORANDUM IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
Eliza has also updated her original poem.
(call me) naive
(call me) naive
(call me) naive
i would so disagree
how could that be?
it doesn’t fit me
but now as i look back
the words that felt like an attack
i see now just how much was 'out of whack'
so please tell me who won, tell me who lost
and what did it all mean?
not sure what to say
or even to do
i thought as long as i had the truth
that it could win
just so you know
i did my best
(call me) naive
i just never realized that in part
i had lost from the start
or that losing this way would crush my heart.
no one should have anymore worries
their secrets are safe once again
those secrets that'll be taken to your graves
by those that never even gave
a single thought to my life, the turmoil and waves.
so can you tell me if being naive
also means being a fool?
while i was so sure you truly cared
as my very soul was bared,
did you ever care how i fared?
they say that money makes
the world go around
(call me) naive
tell me daddy, if you were here
like me, would you shed a tear?
you held your daughter dear.
'cause i believed the lies,
never being wise
to what was under the guise.
i cannot shed anymore tears,
i no longer have fears
and i hold the real truths dear.
i leave these words
to go and rest
you always knew that i was naïve as a child
as my thoughts ran wild
my words always meek and mild.
it looks like in my fight
it was always david vs. goliath, right?
it has finally extinguished my light.
(call me) naive
i do believe in miracles
just to let you know
i have spent 20 years of my life
twisted in this strife,
innocent enough that i never saw the knife.
they say that friends
can come and go
they also say that blood is
thicker than water
just to think, as you sat back protected
and oh so respected
yet never cared how i'd be affected
just so everyone knows
my conscience is clear
(call me) naive
try being just thirteen
thinking you have already seen
all the trauma and tears in between
they say that an adopted child feels
that they cannot have 'peace' till they have all the 'pieces'
i would agree as my heart and soul
were shattered into those very 'pieces'
what does it mean to betray?
does loyalty only apply to those not in the way?
or does it change in your book from day to day to day?
i have to admit tho, that i never had a clue
that this birthday would turn out this way
i have met so very many
people that don't have any
motives other than to be my lucky penny.
(call me) naive
for all that hoped i would fail
this is my legal death knell,
you must be happy in your own private hell?
the emotions, pain and grief
could go on forever in my words
i want to thank those that
offered their hearts
i have found my way thru the maze of lies
it was a very twisted road indeed
yet, no matter this outcome
a presley i shall always be
for my daddy that tried to make it right,
i know you would have joined this fight
and i hold your love for me in truth and light ..
(call me) naive
eliza alice presley
copyright january 23rd, 2011
by eliza at 2:26 PM
So if I take all of this info into my mind and jumble it around I can come up with a thought on the meaning of this January 23rd redirect: LMP was in LA around the time of her fathers 76th birthday. The tabloid wrote it was due to fainting and needing to go to the church of Scientology for help.
Well suppose she needed help from them but not because of her health but due to needing them to handle this court problem, make it go away. Anyways Elvis/Jesse would be the only one that comes to mind that this would have been his best birthday ever considering he may have been able to visit with LMP and her new baby girls. <!-- s;) -->;)<!-- s;) -->
Wow. Thank you, im_convinced. Scientology may be involved, but if Jesse/Elvis did not want this revealed, I think he would have had great power to ensure that it isn't. He doesn't need Scientology for that. You cannot underestimate a man who has been well-hidden for over 30 years and very tied to law enforcement -- but mostly he has great spiritual power as I continue to read about him. I am in awe, actually.
And this is probably why Eliza has been called (by someone) naive. Naive to think she could go against Jesse/Elvis' wishes. I pray for her.
I think I agree -- Jesse/Elvis had the best birthday ever seeing his daughter and grandchildren, which I guess is what he said when TS asked him, "how was your birthday?" Elvis: It was the best birthday ever! <!-- s --><!-- s -->
I'm just having too much fun today on my day off from work! Thanks for the redirects and your patience, TS.
Wow. Thank you, im_convinced. Scientology may be involved, but if Jesse/Elvis did not want this revealed, I think he would have had great power to ensure that it isn't. He doesn't need Scientology for that. You cannot underestimate a man who has been well-hidden for over 30 years and very tied to law enforcement -- but mostly he has great spiritual power as I continue to read about him. I am in awe, actually.
And this is probably why Eliza has been called (by someone) naive. Naive to think she could go against Jesse/Elvis' wishes. I pray for her.
I think I agree -- Jesse/Elvis had the best birthday ever seeing his daughter and grandchildren, which I guess is what he said when TS asked him, "how was your birthday?" Elvis: It was the best birthday ever! <!-- s --><!-- s -->
I'm just having too much fun today on my day off from work! Thanks for the redirects and your patience, TS.
I should have been more specific when I wrote about Scientology and who they would be helping. In the update from TS it is mentioned all the difficulty Scientology has given Elvis/Jesse over the years. I was referring to Scientology having an interest in this case going away for their monetary benefit. If it is revealed that infact Elvis is alive it will not go over well for the Estate or the Cult.
I hope this makes more sense now. I believe everyone involved in this case is doing what they think is best. <!-- s;) -->;)<!-- s;) -->
<!-- l -->viewtopic.php?f=125&t=16148<!-- l -->
9. “His Own Words”
There has been a lot of question and discussion lately about Linda Hood Sigmon, and whether she is a reliable informer for Elvis/Jesse. According to her: “Elvis/Jesse does not support the court case …” {http://lindahoodsigmontruth.com/page53}.
According to Eliza: “NEVER HAS MY BROTHER CONTACTED MYSELF VIA MAIL, PHONE OR EMAIL TO ASK, REQUEST OR ORDER ME TO DISCONTINUE AND/OR WITHDRAW FROM MY COURT CASE. NOT WHILE IT WAS FILED IN PROBATE COURT OR SINCE IT HAS BEEN FILED IN CHANCERY COURT. UNLESS OR UNTIL HE DOES, I SHALL CONTINUE TO ASSERT MY RIGHT TO DO SO.”
{http://elizapresley.blogspot.com/2010/11/december-14-2010-130pm.html}.
Which of these statements is true: the one from Linda, or the one from Eliza? Can you wrap your mind around the idea that both of these statements are true? Is it possible that Jesse has asked Linda not to support the court case, and yet he has not asked Eliza to stop it? Can you put yourself in his shoes for a moment, and understand what issues he is dealing with?
Did you know that there was a similar situation between Linda and Dr. Hinton, regarding Jesse “coming out” in 2002? Both of them were in contact with Jesse, and both of them were informers; but Linda and Dr. Hinton did not agree on this aspect of the general public learning the truth about Jesse {http://lindahoodsigmontruth.com/page19}.
Also, notice this recent statement on Linda’s website: “He [Jesse] has mentioned coming to see me a few times and while he knows that he would be welcome, I have not encouraged it.” {http://lindahoodsigmontruth.com/page53}.
The book by Dr. Hinton and Jesse, which I have already quoted from above, is titled: The Truth About Elvis Aron Presley In His Own Words! And many of the letters printed in this book, are also photocopied there in his own handwriting. So if we want the most accurate information about Jesse, this is it! This first quote which I will include from this book is about Jesse, but written by Dr. Hinton; while the other quotes, below the first one, were all written by Jesse himself (his own words).
Dr. Hinton said: “... they did not want him [Jesse] within five miles of Graceland, but he [Jesse] and one other person went up to his bedroom at Graceland late at night to get the cuff-links.” (TTAEAP 50).
Jesse: “The Graceland estate does not allow me to contact them personally, they are determined to keep the myth alive and don’t want me taking any chances. ... I can’t do a thing about it either. The Church of Scientology has something to do with it.” (TTAEAP 40,41).
Jesse: “You see I have everything taken care of except the fact that I am never given any cash whatsoever. When I do ask for cash, I am always given the third degree on what I need cash for. So you can see all the restrictions I have on me. People ... thought I was the same old Elvis handing out money ...” (TTAEAP 28; see 48).
Jesse: “I picked four (4) of us initially and to this day all have kept the secret. I also know when this book reaches the bookstores people (my loyal friends) will be heartbroken. They took care of me and convinced others that I was no longer alive.” (TTAEAP 31).
Jesse: “I have already been told through a source that Lisa Marie will cause problems if B.J.’s picture is shown.” (TTAEAP 63). And yet the picture of Jesse and Benjamin was included in Jesse’s book (on page 23).
Jesse: “I was told there was a survey that stated percentage wise that many people still thought I was alive! But as time went by I became more daring and went out [in public] with minimal disguises.” (TTAEAP 48).
Jesse: “As I get older I feel I must reveal more facts of my life as Jesse.” (TTAEAP 56).
Some may say that these statements by Jesse/Elvis were from about ten years ago, and perhaps things have changed since then. Yes, and I would also say that those who can read between the lines, think for themselves, and put themselves in Jesse’s shoes—they will probably be able to understand what has and has not changed in the last decade. Nuff said!
I think Elvis has not much to say anymore, I think others are taking care of business for the estate and I have the feeling he doesn't agree. LMP has not much left from the estate anymore as I understood, only 15% or so. Who has the rest? And why did she sell it? And did Elvis agree on that? Did she sell out of free will? I think this goes indeed deeper than we thought.
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."
I can imagine the "control" scientology would have over members...especially high profile members because of their auditing. They'd be privy to everybody's sins and misdemeanors, foibles and eccentricities. Sounds like a setup for blackmail to me.
Okay, I think I understand. I'd forgotten about TS' comments about this re: Jesse/Scientology. But it is also true that Jesse/Elvis did not want Eliza to come out with this either? Yet, I agree, something's not right. Maybe LMP is starting to feel the burden of this to the point of collapsing. It'll be interesting to see what happens next.
Just an interesting thing I noted today, but maybe just coincidental <!-- s:? -->:?<!-- s:? --> . Hubby at TV, I watched a few minutes of Ellen DeGeneres. She said, "This is going to be 'THE BEST BIRTHDAY EVER'. And I went <!-- s:shock: -->:shock:<!-- s:shock: --> ! <!-- s --><!-- s --> It's her birthday today on the 26th! Anyway, she had as a guest right then come on, Jaden Smith who brought her a picture telling of a well he bought for her. He mentioned that his sister was coming out with her album.
Edit, I think I'll just move the rest over to a new post with a proper title. <!-- l -->viewtopic.php?f=188&t=17565<!-- l -->
Comments
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."I wonder who's having the best birthday ever?
Maybe Oprah will announce her miracle tomorrow that eventhough her step-father is named Vernon, her real father is named Vernon too and she's a
Presley!!! <!-- s
Well, she is from Mississippi! <!-- s
Anyway,
I looked up interloctory appeal to see if we can glean anything from all this legal mumbo jumbo.
"An interlocutory appeal (or interim appeal), in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the decisions made by the judge during that trial. However, many jurisdictions make an exception for decisions that are particularly prejudicial to the rights of one of the parties. For example, if a party is asserting some form of immunity from suit, or is claiming that the court completely lacks personal jurisdiction over them, then it is recognized that being forced to wait for the conclusion of the trial would violate their right not to be subjected to a trial at all."
I agree with "Sandy". It would be great if she'd be clearer...
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."Me, too. It's far from over. There is purpose is Eliza's situation. As we have heard before, time will tell all.
Happy Birthday, Eliza, and much L.O.V.E. Indeed, a Presley you shall always be.
I agree wholeheartedly, even if there's a setback or delay. And I think that's what the legal jargon means as well.
But now how this possible defeat in court can be her best birthday ever, is not clear. This is a very mysterious redirect, TS. Do you know something we don't know?
<!-- m -->http://www.elizapresley.blogspot.com/<!-- m -->
But I'm lost! That sad poem doesn't seem to ring true for 'the best birthday ever', unless something happened since the court hearing. Was that on 14th? Have we heard anything official yet? Maybe someone wants the outcome kept quiet?
<!-- m -->http://lindahoodsigmontruth.com/page57<!-- m -->
Eliza has also updated her original poem. <!-- m -->http://www.elizapresley.blogspot.com/<!-- m -->
So if I take all of this info into my mind and jumble it around I can come up with a thought on the meaning of this January 23rd redirect: LMP was in LA around the time of her fathers 76th birthday. The tabloid wrote it was due to fainting and needing to go to the church of Scientology for help.
Lisa Marie Collapses
<!-- l -->viewtopic.php?f=130&t=17433<!-- l -->
Well suppose she needed help from them but not because of her health but due to needing them to handle this court problem, make it go away. Anyways Elvis/Jesse would be the only one that comes to mind that this would have been his best birthday ever considering he may have been able to visit with LMP and her new baby girls. <!-- s;) -->;)<!-- s;) -->
<!-- l -->viewtopic.php?f=145&t=17469<!-- l -->
And this is probably why Eliza has been called (by someone) naive. Naive to think she could go against Jesse/Elvis' wishes. I pray for her.
I think I agree -- Jesse/Elvis had the best birthday ever seeing his daughter and grandchildren, which I guess is what he said when TS asked him, "how was your birthday?" Elvis: It was the best birthday ever! <!-- s
I'm just having too much fun today on my day off from work! Thanks for the redirects and your patience, TS.
I hope this makes more sense now. I believe everyone involved in this case is doing what they think is best. <!-- s;) -->;)<!-- s;) -->
<!-- l -->viewtopic.php?f=125&t=16148<!-- l -->
I think Elvis has not much to say anymore, I think others are taking care of business for the estate and I have the feeling he doesn't agree. LMP has not much left from the estate anymore as I understood, only 15% or so. Who has the rest? And why did she sell it? And did Elvis agree on that? Did she sell out of free will? I think this goes indeed deeper than we thought.
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."Edit, I think I'll just move the rest over to a new post with a proper title. <!-- l -->viewtopic.php?f=188&t=17565<!-- l -->