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

Posted on 03/21/2005 8:01:25 PM PST by 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?


TOPICS:
KEYWORDS: law; schiavo; schindler; terri; terrischiavo
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To: Nick Danger
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.

It's actually not a higher court. This is a federal trial court. It is a horizontal move to the federal system where de novo means they should be collecting evidence for a new trial. Instead, they are having to explain why the case should not be summarily dismissed.
61 posted on 03/21/2005 8:37:26 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: Netizen

It doesn't matter what they ask for.


62 posted on 03/21/2005 8:39:02 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: UnbelievingScumOnTheOtherSide

In hindsight, the Florida prolifers should have had a covert operation going on down there. They could have gotten some prolife nurses to go undercover to work at that hospice. They would be the agents in place, ready to sneak water to Terri on their shifts.

Or does Michael Schiavo have surveillance cameras set up so no one can do this?

I wouldn't put it past that worthless piece of $hit to have 24-hour guard on the room so nobody can get near that poor girl.


63 posted on 03/21/2005 8:40:25 PM PST by Palladin (Proud to be a FReeper!)
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To: Netizen

"...annullment?"

All this should have been taken care of a long time ago when the family saw that MIchael was intent on killing their daughter. They just haven't had real sharp legal representation, I fear. Too little, too late.

However, why not try?


64 posted on 03/21/2005 8:40:40 PM PST by whadizit (A)
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To: Prince Charles
This is the appropriate week for all "Pontius Pilates" to reveal themselves.

I know. What is it with Easter and Florida?

65 posted on 03/21/2005 8:41:14 PM PST by Tribune7
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To: montag813

I will expect a vengeance from within.


66 posted on 03/21/2005 8:41:25 PM PST by RPTMS
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To: RebelBanker

You must have missed some Keyes threads and Buchanan threads and some other third party threads.


67 posted on 03/21/2005 8:42:29 PM PST by Netizen (jmo)
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To: Palladin

"Shot down baby broooooooother... and they call it law and oooooooorder...."


68 posted on 03/21/2005 8:42:50 PM PST by HiTech RedNeck
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To: UnbelievingScumOnTheOtherSide

I take it the parents' lawyer sucks. Hell of a reason for her to have to die.

69 posted on 03/21/2005 8:43:12 PM PST by Nick Danger (You can stick a fork in the Mullahs... they're done)
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To: Congressman Billybob
My gut instinct as a court watcher, is this: I think the judge has decided to rule that the law is unconstitutional, but is his deliberately delaying saying that, in hopes that Terri Schaivo will die before he hands down his decision. And that is reprehensible.

What is truly reprehensible is that such a disgusting creature was ever named to a federal court to begin with. The Clinton curse lives on. The punishment for sin is death. Our great national sin in electing that reprobate will still be killing people decades from now.
70 posted on 03/21/2005 8:44:17 PM PST by Antoninus (In hoc signo, vinces †)
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To: STARWISE

Somebody needs to compose an exhaustive blacklist of all the evildoers in this case.


71 posted on 03/21/2005 8:45:49 PM PST by RPTMS
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To: al_again

Can this Billdo and Shrillery excuse for a judge be recalled, impeached, tarred and feathered, run out of twon on a rail; forfced to sleep with Shrillery?


72 posted on 03/21/2005 8:45:55 PM PST by Quix (HAVING A FORM of GODLINESS but DENYING IT'S POWER. 2 TIM 3:5)
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To: UnbelievingScumOnTheOtherSide
It doesn't matter what they ask for.

Why? Because no matter what it will go against Terri. My thinking was this. For a divorce you go through the courts, but for an anullment does it go through court or is that strickly a religion thing? I have an aunt that had two anullments!

Since he has already committed adultery and is working on having his wife legally murdered, what if the church stated that if Terri is dehydrated and starved to death that the church will NOT recognize any future marriage because of his adultery and non natural death of Terri.

Keep in mind that this might not bother Michael, but I think it is Mikey's adultering girlfriend that it WILL bother. I think its her that that needs things all nice and tidy.

73 posted on 03/21/2005 8:50:46 PM PST by Netizen (jmo)
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To: 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.

Not only will they look impotent, they will BE impotent. If an innocent disabled woman can be starved to death because of the intransigence of a couple tyrannical judges despite the efforts of the people's elected representatives, what further proof do we need that we live under a judicial tyranny?

Honestly, if I were Jeb Bush, I'd put state troopers in the hospice, have the feeding tube reinserted, and tell Judge Greer to kiss my @ss. We do NOT starve people to death in this country!
74 posted on 03/21/2005 8:50:58 PM PST by Antoninus (In hoc signo, vinces †)
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To: Palladin

If we could have gottn nurses employed there, and even working in Terri's room, we would hopefully have some testimony to be used in court that would favor Terri.


75 posted on 03/21/2005 8:52:24 PM PST by Netizen (jmo)
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To: Antoninus
Honestly, if I were Jeb Bush, I'd put state troopers in the hospice, have the feeding tube reinserted, and tell Judge Greer to kiss my @ss. We do NOT starve people to death in this country!

I agree with you except for telling anything to Judge Greer. I'd just have him locked up for attempted murder.

76 posted on 03/21/2005 8:54:21 PM PST by Siobhan (No such thing as a Democrat -- just DEATHOCRATS.)
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To: Netizen

I'm feeling pretty hopeless right now. But I will continue praying for Terri through the night.

I have four daughters. It would kill me to know that one of them was being starved to death.

God be with the Schindlers through the rest of this ordeal.


77 posted on 03/21/2005 8:56:01 PM PST by Palladin (Proud to be a FReeper!)
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To: the invisib1e hand

Even if the Schindlers had a legal "dream team" that surpassed those attorneys who defended O.J. Simpson, the obvious pro-death bent of the Florida judiciary and the Federal judge would render their skills useless.


78 posted on 03/21/2005 8:57:13 PM PST by Wallace T.
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To: freedomdefender

Ye know...

Maybe they should introduce a law whereby deathrow in-mates get drip feeded poisons in between appeals just to speed up the inevitable...

Seems like they are doing this to Terri...and she never did anything wrong.


79 posted on 03/21/2005 8:57:37 PM PST by Happygal (liberalism - a narrow tribal outlook largely founded on class prejudice)
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To: freedomdefender

You might be able to get a writ of mandamus.


80 posted on 03/21/2005 9:02:23 PM PST by lady lawyer
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