[yatros from flatwater]

Blog related to legal issues in Florida nad the 11th Circuit.

[yatros from flatwater]

nad = and

[KeyLargo]

I have been wondering where are all the usual black spokesman such as JJ and Rev. Al on this issue?

Charles Rangel stood up and said that Terry Schiavo should die.

I believe that if Terry was a black woman that there would be outcries from the black community claiming racism of the white judicial system and state ordered execution of another poor black person.

Or, if Terry were a lesbian, would there be any outcry from Barny Frank and the Left?

[ALOHA RONNIE]

.

GOD Save the Vulnerable from the Bullies


TERRI = Breathe, Eats, Speaks / MICHAEL = "When is that B-ITCH gonna die?" ..per Nurses

http://www.Freerepublic.com/focus/f-news/1366750/posts

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[finnman69]

I am unsure how i feel about this entire scenario and understand the arguments from both sides. I cannot take a side although there is plenty of tragedy to go around.

Hopefully new legislation will be created or existing legislation clarified to deal with situations like this. In addition, everyone should update the living wills or create one to express you wishes should you ever get into this situation.

[MomwithHope]

Why the heck can't Congress enforce those supoenas and get some federal marshals down there.

[TAdams8591]

PLEASE, PLEASE Call or FAX!!!!


Larcenia J. Bullard
850-487-5127 (Tallahassee)
305-668-7344 (District Office)
305-668-7346 (Fax)


Walter Campbell Jr.
850-487-5094 (Tallahassee)
954-346-2813 (District Office)


Mandy Dawson
850-487-5112 (Tallhassee)
954-467-4317 (District Office)
954-467-4331 (Fax)


JD Alexander
850-487-5044 (Tallhassee)
863-679-4411 (District Office 1)
863-679-4413 (Fax 1)
863-386-6016 (District Office 2)
863-298-7677 (District Office 3)
863-298-7680 (Fax 3)


Nancy Argenziano
850-487-5017 (Tallahassee)
352-860-5175 (District Office 1)
352-402-6664 (District Office 2)


Lisa Carlton
850-487-5081 (Tallahassee)
941-486-2032 (District Office)
941-486-2050 (Fax)


Paula Dockery
850-487-5040 (Tallahassee)
863-413-2900 (District Office)
863-413-2902 (Fax)


Evelyn J. Lynn
850-487-5033 (Tallahassee)
386-676-4000 (District Office)
850-487-5542 (Fax)


Burt L. Saunders
850-487-5124 (Tallahassee)
239-417-6220 (District Office 1)
239-417-6223 (Fax 1)
239-338-2777 (District Office 2)
239-338-2779 (Fax 2)

[Robert A Cook PE]

OK - let me see if I get this (democratic-appointed judge) judge right:

If you're a US Supreme Court justice wanting to keep 17 year old murderers alive, you can read "international" laws and international opinions and decide that US laws must be thrown out in total.

If you want an innocent woman killed because you are pro-abortion, and her supporters are pro-life, you can ignore evidence and "follow the rules of the court" to decide that there is no reason to feed her and give her water.

[SoFloFreeper]

Counts IV and V of the complaint alleged that Terri's rights to religious freedom were denied because the removal of a feeding tube is supposedly contrary to the teachings of the Catholic Church, and Terri is Catholic. Judge Whittemore concluded that a state court judge's adjudication of a person's wishes is not a burden by the government on the person's religious beliefs, and that Michael Schiavo and the hospice cannot be sued here because they are not government actors. The law in this area addresses religious burdens imposed by governments.

Isn't the hospice acting upon the orders of a government actor?

[bvw]

Eichmann dotted all his I's and crossed all his T's too. The extermination of all the Jews, Gypsies and all other such classes the State found less than desirable proceeded under perfect legal process.

A few thousand years earlier a viceroy in what is now Iran -- Haman by name -- also very carefully dotted i's and crossed t's. His plan for extermination of the undesirables also was to proceed with all DUE PROCESS.

[Mother Mary]

Thanks for posting this.

Did you hear the interview this AM on Fox News of the nurse, Carla Iverson, who cared for Terri in 1995-96? She states that Michael wanted Terri dead, and even attempted to kill her with an insulin injection.

Will this have any effect on the judicial review?

[lastchance]

. In Florida, counsel for Michael Schiavo as Theresa Schiavo's guardian owed a duty of care to Theresa Schiavo in his representation. This is the statement that has been truly scratching my head. So by this argument George Felos and Michael have shown a duty of care to Terri by fighting to have her tube removed? It also disturbs me that it seems the judge did not address the Florida Statutes on Guardianship violated by Michael. Of course Greer refused to entertain motions to that effect. So I wonder were the Schindler's attorney allowed to present new evidence to Whitmore or was it just the same ole same ole evidence and motions reviewed by Judge Greer. You know the ones that were so impartial. HA.

[MortMan]

In Florida, counsel for Michael Schiavo as Theresa Schiavo's guardian owed a duty of care to Theresa Schiavo in his representation.

Judge Whittemore has asserted that Felos "owed a duty of care" to Terri. I note that, from this excerpt, there is no statement that this duty was fulfilled.

[apackof2]

Expect a lightning fast appeal

Teri has been without food and water since Friday, how much longer can she wait?

Prayers for Teri and her family

[Homer1]

those are pretty weak grounds for appeal

the Schindlers' lawyers stink

[TAdams8591]

PLEASE, PLEASE Call or FAX the above Florida State Senators and urge them to pass the law Now in the FLORIDA Legislature that would save Terri's life!!!

[New Orleans Slim]

Looks like the judge found that the Florida courts are competent to handle the matter and that the Federal Judiciary has no reason or need to butt in. That's called State's rights. Overall this is a good precedent against further Federal intrusion into State judicial processes.

However you may feel about the merits of the Schiavo case, the fact remains that the principle of State's rights is far more important than any individual case. Besides, if you don't like the Florida decision, then don't live in Florida. It's called Federalism, you know ...

[Homer1]

"Regretably, money overshadows this entire case and creates potential of conflict of interest for both sides." - Judge Greer

This would seem to be good fodder for count II

[TAdams8591]

Lightening fast???? I have my doubts.

[MarMema]

and based on the U.S. Supreme Court's decision in Cruzan v. Missouri, where the supreme court explained that these situations are different and states can treat them differently.

Which was the Roe vs Wade of euthanasia. Though many seem to not understand that, thinking this killing of Terri fits the bill instead.

[Don'tMessWithTexas]

In assessing a request for injunctive relief, the only inquiry the court can consider is whether her due process rights were violated. The court is limited to an inquiry of whether the state court ignored procecural guarantees in its adjudication of this case.

While everyone on this thread would probably have come up with a different decision, the question is only whether the court ignored proper procedure in reaching that decision. The issue of an ad litem was a non-starter, the Schindler's attorney's ably represented Terri's interests. The religious issue was similarly weak. That's why it was included last.

From all appearances, this court decided this case right down the line and according to the rules. This will probably be upheld on appeal. The only way that Terri can probably be spared is through some type of executive or legislative action. Hate to be the bearer of bad news, but I never thought the judicial route would ever get a good result.