Posted on 03/26/2005 1:54:57 PM PST by sockmonkey
Edited on 03/26/2005 3:12:40 PM PST by Admin Moderator. [history]
(CNN) -- With few options left, the parents of Terri Schiavo have filed an appeal to the Florida Supreme Court to reinsert their brain-damaged daughter's feeding tube.
That court had refused to consider the case Thursday.
The new petition calls Schiavo's case a "mercy killing" and said Florida and federal courts have failed the woman.
Within 16 hours alone, the Schindlers received legal blows from two courts -- the 11th U.S. Circuit Court of Appeals in Atlanta, Georgia, late Friday, and Florida Circuit Court Judge George Greer in Clearwater on Saturday.
Bob and Mary Schindler have now lost more than two dozen legal opinions in both state and federal courts, which have consistently sided with their daughter's husband -- and legal guardian -- Michael Schiavo. He has said that he is simply following his wife's wish not to be kept in a persistent vegetative state.
Speaking earlier with reporters in Dunedin, Florida, on Saturday, Schiavo's attorney, George Felos, said, "I would hope that the parents' side realize that any further legal action will be futile. We can understand their desperate efforts in this case. But I would hope that at some point, they leave that behind and begin to cope with this on a more personal level."
Felos said that he had visited Terri Schiavo for 20 minutes at her hospice in Pinellas Park on Saturday.
I know..but wouldn't it be something to have that petition slammed down too..in public?
I need to douse myself with Holy Water just to listen to that Father of Lies speak.
Terri's brother at the news conference just held said Felos is a liar. Terri is not dying peacefully. The family also requested that Terri be allowed to have Holy Communion when the Easter Vigil begins (after sunset).
This just goes to prove that the truth is stranger than fiction!
Regarding why Terri's family didn't take control of her it would be helpful to read the documents which are on the website..someone posted a link earlier. Michael got control of her..total control and he has dictated what is to be sealed so that her parents can't even know the full medical history of this. It is too long to post here..you need to read the depositons. It is sickening..all of it.
They are not going to federal court. The case you cite is not on point and irrelevant.
It comes from 28 USC 1651: "The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."
In loose terms, it is used to by courts to issue orders (such as replacing Terri's feeding tube, for example) to prevent compromise of jurisdiction. Since Terri's death would have mooted the case, thereby interfering with federal jurisdiction (or so the argument went) during appeal, Judge Wilson (the dissenting 11th circuit judge) stated the court could use the All Writs Act as a basis for granting the parents' injunction while the case moved through the federal judiciary.
Oddly enough, this same Act was used to give Gitmo detainees the right to counsel - at taxpayer expense.
Very interesting indeed! What odds do you lay on the success?
There were federal rulings siding with the state courts were they not?
They filed with the FL STATE Supreme Court, so your comment doesn't apply.
Not much. This was part of the initial federal appeal after Congress gave the courts jurisdiction - and we all saw how that went.
She is demonstrating that she wants to live. She is fighting for her life.
Thats so true.
They filed in the FLORIDA STATE Supreme Court, NOT Federal Supreme Court!!!!!! (Quite a few posts show a misunderstanding)
"Their lawyer says they have filed their "last appeal" -- with the Florida state Supreme Court. That's after a state judge rejected another appeal to reinsert the brain-damaged woman's feeding tube. The high court emergency petition argues that other courts have failed Schiavo by treating her as a "piece of property."
http://www2.cbs5.com/topstories/local_story_085171731.html
he is a religious fanatic - he believes in reincarnation, he believes he can communicate with the souls of the not yet conceived, and the souls of those locked into damaged bodies and damaged brains. These latter souls always ask for death it seems.
No doubt Felos has been communicating with Terri's soul, and finds it beautiful and exalted in its near release and chance for rebirth
And there is no problem permitting THIS kind of religious extremist to represent Terri.
Mrs VS
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