The young lady that was the subject of the article did not receive a diagnosis of persistant vegetative state. The only dignosis provided in the article was that she was in a coma. Vast difference.
Her father states that he never had to make a life or death decision because early on there had been a medical finding of the presence of brain activity. Even so he states that he would have delayed such a decision for some 6 months. In the Schiavo case years had passed before that life or death decision was contemplated. It has now been 13 years without a change in Terri's condition.
"Not if "the court" who made this "finding" = ONE MAN, Judge Greer, who has shown himself to be biased against the Schindlers. Most higher courts that refused to hear the case based their decision on jurisdictional issues, not the merits of the Schindler's case, IIRC. If you have evidence to the contrary, please post.
You allege that Judge Greer is biased. This is not true as a matter of law and I would assert as a matter of fact. Even if the Schindlers believed that Judge Greer was biased they did not raise this on appeal except to argue that the denial of their "emergency motion to hold ruling in abeyance pending development of additional medical evidence". Pursuant to Florida law, an adverse finding isn't sufficient to prove bias. The appellate court appropriately stated that even if this issue was raised and argued they would not have reversed.
Had the Schindlers (or their attorneys) thought that there was a bias on the part of Judge Greer, they simply had to file a disqualification motion at any time prior to his decision and within a prescribed time limit after the incident that caused them to believe, for whatever reason, that the Judge was biased against their cause. Under the application of Florida law, the Judge would have had to grant their motion to disqualify. The first disqualification is a gimmee. The Schindlers failed to raise bias as an issue until after a final order was issued. Won't work.
I won't provide you the links- there are things you should do for yourself. However I'll give you a few leads.
Search for:
Schindler v. Schiavo (In re Guardianship of Schiavo), 780 So. 2nd 176 (Fla. 2d DCA 2001)(Schiavo I)
Schindler v. Schiavo (In re Guardianship of Schiavo), 792 So. 2d 551 (Fla. 2d DCA 2001)(Schiavo II)
Schindler v. Schiavo (In re Guardianship of Schiavo), 800 So. 2d 640 (Fla. 2d DCA 2001)(Schiavo III)
Schindler v. Schiavo (In re Guardianship of Schiavo), Case Number 2D02-5394, Opinion Filed June 6, 2003, ALTENBERND, Chief Judge, FULMER and STRINGER, JJ., Concur
It all contained within these decisions. It again should be noted that the Florida Supreme Court and The U.S. Supreme Court has declined this case. Are all the Judges biased??