Can Schindlers' lawyer appeal to 11th circuit for food, water, if the district judge doesn't rule?

[freedomdefender]

This federal judge in Tampa seems to be dragging his feet. Terry is starving. Are there any appellate lawyers out there who can tell me: Can Gibbs, the Schindlers' lawyer, make any kind of appeal to the 11th circuit in Atlanta before the district judge makes a ruling? If the judge stalls and stalls, the case will be moot because Terri will be dead. Is it possible to make an emergency appeal - at least for food, water for Terri pending a decision on the case - without a formal decision to appeal from?

[Mad_Tom_Rackham]

Why wouldn't he simply dismiss the case for lack of cause and kick it over to Atlanta? That way the heat quickly moves away from him and onto the 11th Circuit Court of Appeals.

[montag813]

first do no harm. she ought to have been fed while there is question about the decision. I once again understand those dreams where you're screaming but no one's hearing you.

This is a world gone insane. If she dies I will expect vengeance from above in the vein of Sodom and Gomorrah.

[freedomdefender]

can't the Schindlers put in some kind of emergency plea for food and water - - to the 11th circuit, while the district court dawdles?

[freedomdefender]

I'm not covinced that the Schindler's lost this case so much on poor judging as absolutely horrific lawyering.

I'm wondering about that. Are you talking about their original lawyer(s).?

[whadizit]

"..should have persued this angle..."

Yeah, I do wish the family had had better legal teams working for them in Fla. They seem to have attracted a lot of the Randall Terry ilk which automatically turns a lot of people off. They could have had terrific legal representation without depending on those who just want to promote their own agenda. This Gibbs guy may be OK but if a well-known Fla. attorney was on it, I feel they would be garnering more respect in the judiciary...sad, but true.

[hoosiermama]

bttt

[Graymatter]

In the face of such naked inhumanity, where are the Democrats who cry "Not in my name!"

[PAR35]

They could ask for a writ of mandamus, but there is virtually no chance that it would be granted. You could try to judge shop by moving to recuse the judge, but that is also a high risk, low chance of reward strategy. There are things you can do, but if the judge is determined to stall, he will be able to.

[Palladin]

Why can't the President call out the National Guard, have them seize the hospice building, make the death peddlers surrender Terry, and take her to an undisclosed location to be fed and hydrated?

[RebelBanker]

I have far less experience as a court-watcher than you do, but my gut was the same - the judge wants to rule 'unconstitutional' but knows that the instant he issues a ruling, the 11th Circuit will be all over the case. He can render the point moot by simply delaying the ruling until she dies, thus covering for Judge Greer.

Peggy Noonan made the point in the Wall Street Journal that the Republican Party from the Predident on down will look like impotent chumps if Terri dies despite all their efforts. We have completely sacrificed other conservative principles in pursuit of this one goal, however noble it may be.

The other factor that may well be playing into all this is the strident name-calling from our side. I have seen more raw hatred on Terri threads than I have ever seen before at Free Republic, even on immigration threads. Nothing wins friends and influences people like calling them every nasty name you can think of...

[whadizit]

"...horrific lawyering..."

My sentiments exactly!!!!

[the invisib1e hand]

I'm not covinced that the Schindler's lost this case so much on poor judging as absolutely horrific lawyering.

I can't speak for other places, but in Pinellas, judges and lawyers are very cozy. And I have been saying for some time, finding and honest or competent lawyer there is like finding you grandmother's pearl necklace in Lake Michigan.

[Nick Danger]

With all the evidence that the judge is gonna have to look over, you really can't expect a ruling at the snap of a finger.

What evidence is that? The law giving him jurisdiction to hear the suit states, "In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings."

That instruction appears to be grounded in Article IV, Section 1 — "Full faith and credit shall be given in each State to the public act, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof."

I'm no lawyer, but de novo appears to mean a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place.

So what "facts" or "evidence" does this new judge have to go on?

[HiTech RedNeck]

A little less than 50 souls in the House

[UnbelievingScumOnTheOtherSide]

Yes, that's true.

But right now Terri's lawyers are busy writing pointless briefs assigned by the trial judge today. This judge has all the angles covered.

[Palladin]

You have a good point. Both the President and his baby brother will look impotent if they cannot find an immediate solution to this debacle.

[STARWISE]

This judge's delay in responding with lifesaving hydration is unconscionable .. wasn't there a motion for an injunction or restraining order on the starvation that was filed by Gibbs? If Judge James D. Whittemore had the authority to restore hydration today and DIDN'T .. there's another name we'll never forget .. and I predict his life will turn out a whole lot differently than he expected. How .. how can he possibly eat tonight or look at his children??

The Honorable James D. Whittemore
U.S. District Judge

Tampa Division

No specific information pertaining to Judge Whittemore is available through this web site. Please contact chambers staff or the Clerk’s Office with the information provided through the link above.

Kristin Esposito Judicial Assistant

Anne Ohle Courtroom Deputy

Linda Starr Official Court Reporter

[Palladin]

"how can he possibly eat tonight or look at his children?"

I felt guilty sitting at the dinner table tonight, having a good spaghetti dinner while Terri is slowly starving to death. That judge must have no conscience at all.

[Netizen]

I heard their lawyer today, or tonight, that he is pursuing other avenues. Seems as though he mentioned something about divorce since Michael has been/is unfaithful. I know they are not just sitting twiddling their thumbs!

If they can't get a divorce, then how about an anullment?

[whadizit]

THE BLAME GOES STRAIGHT TO THE FLORIDA SENATE!!!! If not for the 9 Republican turncoats down there, they could have solved this so easily!!

VOTERS IN FLORIDA UNITE AGAINST THE REPUBLICAN 9 AND THE CLINTOON JUDICIARY!!