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To: Trinity_Tx
It's irrelevant. He gave up his role as guardian on the point of whether or not to pull her tube. Read the 2DCA ruling linked to on my page. They say loud and clear that he did not make the decision.

I know what the court decisions held and I know that anybody who says his removal as guardina is irrelevant is simply fooling themselves. Florida law is pretty clear, if MS is removed as guardian next in line is the adult children of which there were none. After that, the parents and siblings. MS removed as guardian years ago means the case goes away, the Schindlers take care of their daughter and all the vitriol at FR is directed somewhere else. You deny this?

He turned it over to the court then went in on the same footing as her parents to let it hear both sides. Once the court decided it was her wish, it was treated as though she had a directive. Note that their decisions all *order* the tube removed - they do not say *the guardian is allowed* to remove it if he chooses.

Oh, I noticed alright and that is the part where I lose all contact with those who supported the decision. I don't think the state has any right to oreder the death of its citizens absent due process. To me due process in the case of state ordered death sentences requires a trial by jury, an attorney representing the citizen, judicial review right up to the SCOTUS and a finding beyond reasonable doubt.

4,466 posted on 04/03/2005 5:46:03 PM PDT by jwalsh07 (God bless Pope John Paul II!)
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To: jwalsh07
To me due process in the case of state ordered death sentences requires a trial by jury, an attorney representing the citizen, judicial review right up to the SCOTUS and a finding beyond reasonable doubt.

Then you need to change the laws in the state of Florida.

In Florida, end-of-life issues are handled at the probate court level, and there are no juries in probate courts in Florida.

Again, the screaming at the judges here is misplaced. The focus should be on the Florida legislature. Wanna bet that, a year from now, nothing, absolutely nothing, will have been done to the law that allowed this horrible turn of events?

4,475 posted on 04/03/2005 5:57:14 PM PDT by sinkspur (Be not afraid. Be not afraid.)
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To: jwalsh07
"MS removed as guardian years ago means the case goes away, the Schindlers take care of their daughter and all the vitriol at FR is directed somewhere else. You deny this?"

True, before 2001. But after they determined it was her wish, technically, she might as well have had a living will.

I have said too, that the judges might have changed their minds if Michael died, for instance. But it would not have been legally consistent.

"I don't think the state has any right to order the death of its citizens absent due process. To me due process in the case of state ordered death sentences requires a trial by jury, an attorney representing the citizen, judicial review right up to the SCOTUS and a finding beyond reasonable doubt."

Tell that to Scalia. And I hope you aren't saying all that "due process" should be required if it is written or otherwise truly clear and convincing.

I hope like heck the state enforces my known wishes without putting them off and putting my family thru hell just to satisfy "due process", no matter who disputes them.
4,486 posted on 04/03/2005 6:13:21 PM PDT by Trinity_Tx (Since Oct 9, 2000) (**From Buckhead to this in 6 months. That's one helluva FReefall.**)
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