Posted on 03/23/2005 5:49:40 PM PST by Critter
Can anyone tell me if the Schindlers or their attornies have ever requested that a jury hear this case?
The 7th Amendment to the US Constitution guarantees a right to a jury trial in all common law cases where the value in controversy is $20 or more. No one can argue that a human life is worth less than $20.
Have the Schindlers ever waived this right to a trial by a jury? If not, can they now insist on one, and get an injunction to have feeding tube reinserted pending a jury trial?
The 5th Amendment also says ..."nor be deprived of life liberty or property without due process of law..." The Supreme has ruled that a judge cannot sentence a person to death unless the jury has recommended that they be put to death. You may remember that many people had their sentences reversed on this ruling. So how can a person be sentenced to death without a jury trial. Unknown. But the police can also kill you and say that you were a danger to them and they will never be brought to trial, see the story about the invalid being shot in bed by an officer who invaded his house through a second story window and is given a 30 day suspension which he says he will fight. So all in all we have lost our freedoms to the judiciary and the police.
Of course there are some who claim that due process of law has been followed in this case.
But, if the Schindlers never asked for a jury to hear the case, and were not informed by the judge or their attorney that they have that right, they may be able to use that as a basis for an appeal.
Short answer: because Florida law states that it is Michael Schiavo who is allowed to bring the lawsuit, and he didn't ask for one.
Now I went to school in the 60s and given inflation...
The Schindlers have no right under FL law to sue to save their daughter's life? Are you kidding?
Just saw this on another thread:
"When a top ranking agent of the Florida Department of Law Enforcement (FDLE) opened a criminal investigation in the case of Terri Schindler-Schiavo, he was called into his supervisors office and told to shut down the investigation not once, but twice."
link: http://www.theempirejournal.com/index.htm
Someone should open a criminal investigation into Judge Greer and his close association with the shacked up husband.
Under Florida law can a judge be impeached?
Your tagline reminds me of a joke I read some time ago, about a guy who lived in the path of an oncoming flood...
as the water was getting up to his front door, a fire truck came by and the fireman implored him to get on and get out of there. The man replied that he was fine, that God would take care of him....
Later as the water reached the ceiling on the first floor and he was on the 2nd floor, a boat came by and those aboard implored him to get in the boat and get out of there, to which he again replied that he was ok and that God would take care of him.
Soon the 2nd floor of his house was flooded and he was up on the roof, when a helicopter came by, and those inside implored him to get in the helicopter and be saved. He again turned down the help, saying that God would keep him safe.
Soon the water was washing over the roof and swept him away and he drowned. When he got to heaven, he asked God why He did not keep him safe, to which God replied, "First I sent you a firetruck, then I sent you a boat, and after your turned those down, I sent you helicopter. What the heck did you want me to do? Send Noah and his ark?"
That's paraphrased from memory of course. I'm sure the original is much funnier. hehehe
That IS a funny one and certainly fits. Thanks for the chuckle.
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