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It's Happening Again (We've Got Another Schiavo, Starving In GA, No Brain-Damage)
Media Release | 4-6-05 | The Family of Mae Magouirk

Posted on 04/07/2005 2:59:57 AM PDT by schmelvin

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To: Cboldt

In medical and legal circles, a "terminal illness" or condition is one which is determined by your physician will cause death in 6 months regardless of the treatment rendered.


2,521 posted on 04/14/2005 5:12:40 AM PDT by Iwo Jima
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To: schmelvin

They just put it up a little early--

I didn't copy it down- I was so tired- I figured I would jst get a bit later-

It will be back up-- it just got put up too soon because it was sent to richard to ask him to review it- not post it yet- so anyway- it will be up soon I am sure.


2,522 posted on 04/14/2005 5:46:29 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: eeevil conservative
ALL Breaking NEWS! BREAKING NEWS! Judge Boyd to Recuse Himself!
2,523 posted on 04/14/2005 6:08:34 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: Iwo Jima; RGSpincich
In medical and legal circles, a "terminal illness" or condition is one which is determined by your physician will cause death in 6 months regardless of the treatment rendered.

Some would say that natural death by dehydration fits that definition.

The narrow point of discussion was whether or not Mae Mcgouirk "is terminal." RGSpinach says she is. RGSpinach asserted at 2494 that Mae is presently in a terminal condition due to her dissection. RGSpinach also notes, pehaps in jest, that "terminal" is not a medical term.

At the time of Mae's admission to hospice, Dr. Stout presumably held the medical opinion that Mae was terminal. We don't know if Dr. Stout holds the same opinion today.

At this point, the discussion between RGSpinach and me is reduced to semantics, so I decided to make light of it then cease.

2,524 posted on 04/14/2005 6:22:02 AM PDT by Cboldt
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To: eeevil conservative
ALL Breaking NEWS! BREAKING NEWS! Judge Boyd to Recuse Himself!

He indicated that days ago, in an e-mail or other frank expression. All that is happening now is the formailzation or implementation of his decision.

If he is now recusing, it means the Court is now facing a motion. That is, the controversy is now at the bench.

2,525 posted on 04/14/2005 6:25:21 AM PDT by Cboldt
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To: Cboldt

Yes- exactly

Lonnie Ruth and A. B. (Alonzo), Mae's brother and sister filed yesterday am for visitation.

Now he can "officially" request to be recused.


2,526 posted on 04/14/2005 6:36:00 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: eeevil conservative

Be careful what you wish for. Boyd is a good and decent judge from what I've seen. The fact that he is not lawyer should be a plus in the circles here.


2,527 posted on 04/14/2005 6:37:15 AM PDT by RGSpincich
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To: RGSpincich

I understand what you are saying- but I gotta tell you-- considering all I know- Boyd did the right thing. I don't mean to sound secreative- but I just can't tell everything I know. It has been burning my conscience- and I don't like that....

I want what is best for Mae- I hope this turns out to be a good decision for Mae's sake.


2,528 posted on 04/14/2005 6:40:21 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: Fred Nerks

I know, Fred.


2,529 posted on 04/14/2005 6:43:45 AM PDT by mother22wife21 ( "My super power is dancing" -my five year old daughter)
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To: eeevil conservative
Can he over rule beth's cruel decision to keep Mae isolated from the people who saved her life?

Will he act on this before recusing himself, if he does recuse himself?

Or is this just more delay for the people in Mae's family who actually LOVE HER and want to hold her and comfort her and let her know that beth, who would have cast her into death, is NOT going to be her only visitor?

Such delays in ruling are NOT the STUFF of JUSTICE in my mind. Mae may VERY well feel like a victem as she lays in that hospital room with no one to visit but her would be executioner.

2,530 posted on 04/14/2005 6:44:29 AM PDT by Republic (Our Father in Heaven touched the Pope, who KNEW of Terri, Terri got her mass, VATICAN STYLE!)
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To: Republic

NO, it is not a delay tactic.

I hate to say "trust me" when I realize that I am just a name on a screen, but I just can't reveal everything.

Even if I did- I am just a name on a screen still.

Judge Boyd has been VERY honest about this.

He doesn't understand why Gaddy is acting like this.

He can't see what GOOD reason she would have.

Realizing that he feels this way about Beth Gaddy, and then what he feels about Kenneth, he is being wise here. He doens't want to bring BIAS into his decisions.

I admire that...


2,531 posted on 04/14/2005 6:55:47 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: Republic
This is only an abstract thought, but I wonder if he would recuse himself on his own because he can not be impartial or if he were asked to recuse / disqualify himself per:

GEORGIA UNIFORM RULES FOR THE PROBATE COURT

Rule 19. Recusal.
19.1. Motions

All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be in writing, accompanied by an affidavit asserting the facts upon which the motion is founded, and timely filed. Filing and presentation to the judge shall be not later than 5 days after the affiant first learned of the alleged grounds for disqualification, and not later than 10 days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding.

Source:
GEORGIA UNIFORM RULES FOR THE PROBATE COURT

2,532 posted on 04/14/2005 7:02:07 AM PDT by lil'bit
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To: eeevil conservative
Now he can "officially" request to be recused.

As far as I know, no judge's decision to be recused is reversible. That he, he needn't request it. He needs no permission. All he needs is a reason.

From your comments, his reason is either that he no longer feels he can render an unbiased decision, or that his public expressions ("anger" with Ken) render his impartiality suspect. I am certain that judges face conduct that they "don't understand" every day, e.g., why the party would act a certain way. That doesn't prevent making a reasoned decision.

It was unprofessional of Boyd to make any public comment regarding the case, other than what is expressed in open court and in written decisions. Even though ALL judges are biased, the professional charade that they are not is supposed to be maintained.

2,533 posted on 04/14/2005 7:11:27 AM PDT by Cboldt
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To: lil'bit

I believe he is recusing on his own. I do not believe there is any motion for recusal.


2,534 posted on 04/14/2005 7:13:10 AM PDT by Cboldt
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To: Cboldt

That sounds right to me-- just telling you what I know..


2,535 posted on 04/14/2005 7:15:41 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: eeevil conservative
That sounds right to me-- just telling you what I know.

I certainly appreciate the effort you are making to keep us informed.

My (sometimes) nitpicky nature is (hopefully) useful to flesh out the unfolding details of both fact and law. The vast majority of corrections I make are meant to illuminate, not to argue.

2,536 posted on 04/14/2005 7:25:11 AM PDT by Cboldt
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To: Cboldt; eeevil conservative

After reading Post 2531 again, I understand.


2,537 posted on 04/14/2005 7:26:40 AM PDT by lil'bit
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To: Cboldt

Thanks

Your reasoning on these things is very helpful..

I have to say- sitting here and "knowing" certain things is harder than I thought it would be.

I really have to be careful and make decisions that are hard.

I have to continuously challenge myself to be sure to keep priorities straight. Breaking news is nice and fun- but not at the expense of hurting people...

Especially people like Mae....


2,538 posted on 04/14/2005 7:33:46 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: lil'bit

Thanks!!!


2,539 posted on 04/14/2005 7:34:24 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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To: All
Just got this in an email from Kenneth: Our attorney, Jack Kirby, just spoke with Judge Boyd and confirmed with me that Boyd has taken himself off the case.
2,540 posted on 04/14/2005 7:43:00 AM PDT by eeevil conservative (Don't Change Minds, Change Lives! Sherri Reese)
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