Shiavo-Judge George W. Greer and what can be done about him by the Florida Constitution

me | 3/25/05 | me

[pulaskibush]

So far, it appears Judge Greer has been given the power to let Michael Shiavo starve Terri Shiavo to death. Here are some links about Greer:

http://www.jud6.org/Addresses/JudgesPhoneNumbers/judgeaddressandphonelist.htm

http://www.theempirejournal.com/0228051_petition_seeks_impeachme.htm

http://www.hospicepatients.org/wwwboard/messages/330.htm

http://www.earnedmedia.org/tf0311.htm

http://www.terrisfight.net/

http://www.anncoulter.org/

This is a petition to remove Greer. http://www.PetitionOnline.com/ijg520/

As for what can be done for Terri, here is the Florida Constitution:

http://www.flsenate.gov/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A04S01

Here's what Governor Jeb Bush can do under the Florida Constitution. ARTICLE IV EXECUTIVE

(a) The supreme executive power shall be vested in a governor, who shall be commander-in-chief of all military forces of the state not in active service of the United States. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government. The governor may require information in writing from all executive or administrative state, county or municipal officers upon any subject relating to the duties of their respective offices. The governor shall be the chief administrative officer of the state responsible for the planning and budgeting for the state.

(b) The governor may initiate judicial proceedings in the name of the state against any executive or administrative state, county or municipal officer to enforce compliance with any duty or restrain any unauthorized act.

(c) The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting the governor's executive powers and duties. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion not earlier than ten days from the filing and docketing of the request, unless in their judgment the delay would cause public injury.

(d) The governor shall have power to call out the militia to preserve the public peace, execute the laws of the state, suppress insurrection, or repel invasion.

(e) The governor shall by message at least once in each regular session inform the legislature concerning the condition of the state, propose such reorganization of the executive department as will promote efficiency and economy, and recommend measures in the public interest.

(f) When not otherwise provided for in this constitution, the governor shall fill by appointment any vacancy in state or county office for the remainder of the term of an appointive office, and for the remainder of the term of an elective office if less than twenty-eight months, otherwise until the first Tuesday after the first Monday following the next general election.

Here's the part about life in the Florida Constitution.:

SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.

I do not see anything about requiring judicial permission to use "all military forces of the state not in active service of the United States" as stated in Article IV (a)

Nor do I see any judicial permission for the "power to call out the militia to preserve the public peace, execute the laws of the state, suppress insurrection, or repel invasion." as stated in Article IV (d)

It appears to me that Article IV of the Florida Constitution gives Jeb Bush the power to send the National Guard w/out permission of Greer or any other judge to enforece Article I section 2 of the Florida Constitution

Is there something in the Florida Constitution / any other law that says otherwise? Anything I missed?

[1stFreedom]

>>It appears to me that Article IV of the Florida Constitution gives Jeb Bush the power to send the National Guard w/out permission of Greer or any other judge to enforece Article I section 2 of the Florida Constitution

I've been trying to get this message across for weeks.. but I've been treated by a pariah by the moderators and participants alike...

Florida Statute 250.28 specifies his options..

I'm surpriesed your thread hasn't been deleted yet...

[DarthVader]

Greer would have to be proven to be an accomplice to Schiavo if Schiavo was charged with murder. He could possibly be tried for judicial malpractice, negligence and wrongful death. But you have to have evidence.

[pulaskibush]

I'm not in the legal profession. I just copied and pasted the Florida law and the links and then added what I thought.

I might look at it later this evening.

[DarthVader]

Black and crispy!

[Conservative4Ever]

Wouldn't it do our hearts good, along with the life of Terri to see the Marines deliver her from this evil. The Marines storm this hospice and take her out to a hospital for immediate life-saving care. Things we would love to see.

Red

[timestax]

bump

[Diogenesis]

Too bad her parents did not pay off the Judge appropriately. Greer apparently gives water only for silver.

	GREER DONOR	AMOUNT	POSITION	ACTION
Lawyers For Michael Schiavo	Hamden Baskin III    Felos & Felos            Deborah Bushnell     Gyneth S. Stanley    Steven Nilsson         Beth Wilson	$500  & $500 $250 $250 $150 and $250 $250 and $250 $250 and $100	Michael Schiavo’s Lawyer[s]	Greer denies many or all of Schindler’s in favor of Felos Greer Allows hearsay as evidence/disallows Schindler’s statements Felos former chairman of board of directors of Hospice of Florida Suncoast
	Daniel Grieco	$300	Employer of Michael Schiavo at time of Feb. 25, 1990 then attorneyOf record for Michael up until the malpractice award,	Incident when injuries occurred to Terri,Reappeared as attorney for selected pleadings
State/County Employees/Elected	Frank Nagatani	$50 and $50	DCF Attorney	Squashed testimony for DCF Investigator to appear on behalf of abuse allegations
	Bernie McCabe	In-Kind	State Attorney	Allowed underling to appear in campaign ad for Greer Will not call Grand Jury
	Everett Rice	$500 & In-Kind	Sheriff/State Rep	Didn’t conduct criminal investigation into what really happened to Terri or allegations of abuse after initial incident Allowed Deputy & use of county property to appear in campaign ad for Greer
	John Carassas	$100	Deputy Attorney General	Florida Deputy Attorney General, involvement with Rice in Sept. 2003 motion for Greer recusal dueTo improper discussion of case
	James Hellickson	$150 & In Kind	Assistant state attorney in office of Bernie McCabe, Pinellas/Pasco State Attorney	Appeared in Greer Campaign Ad
	Paula Shea	In Kind	Assistant Pinellas Public Defender	Appeared in Greer Campaign Ad
	Andrew Sasso	$100	Officer in Guardianship monitoring program and Guardian ad litem pool	Was supposed to: “evaluate information about the well-being and property of all persons adjudicated of having a legal incapacity so that the court can fulfill its legal obligation to protect and preserve the interests of the ward,” FL COURTS
Misc. People w connections	Richard La Belle	$100	Member of Board of Directors of Advocacy Center for Persons with Disabilities	Supposedly ACPD doing investigation into Schiavo case
	Battaglia, Ross, Disus and Wein	$250	Principal Kelli Crabb is past chairperson of Hospice Foundation of Florida Suncoast and member of Board of directors
	Gus Bilirakis	$40 cash	Former Hospice Board member and of American Hellonic Education Progressive Assoc. (AHEPA)	Felos past Governor
	Divito and Higham	$250 and $250	Law firm employed by St. Petersburg/Venice Dioceses	Terri’s Dioceses

 

 

 

 

More? Click here

[CyberAnt]

Well .. it's now back in Whittemore's court - so I'm wondering if he is having second thoughts.

Since he's a Clinton appointee - maybe he doesn't want to be tainted as part of the Clinton legacy = killing Terri.

[DarthVader]

Passe Cometatus prevents the US Military from being used in this way unfortunately.

[pulaskibush]

Could you please post Florida Statute 250.28 or at least the part that specifies his options.

[agrace]

Excellent post. I'll probably get flamed but I think the governor should force a constitutional crisis by calling Greer on his actions via section B.

[AGreatPer]

Quote from ABC on the hour here.

"Nobody has ever recovered from Terry's condition and never will".

They didn't give a source, just announced that.

Typical ABC. And they wonder why we criticize them.

[Diogenesis]

You are waiting for a Clinton appointee? This woman will get water when Sandy Berger is arrested.

Secretary of Defense Cohen, Impeached Bill Clinton, Albright, and long-accepted CODE-level thief
and document destroyer National Security Adviser Sandy Berger,
holding court in the Ronald Reagan Building on April 25, 1999
The Impeached Bill Clinton: "We were all making comments
we shouldn't have about how the meeting was getting very boring.
So finally we decided we had to make like the monkey. Cohen
started this 'hear no evil,' and then I was next so I spoke no evil,
then Madeleine saw no evil, so Sandy Berger said, 'I'm evil.'"

[Conservative4Ever]

Also .. Judge Greer's wife sits on the board of directors for the Hospice where Terri is. Looks like we have a little collusion goin' on here. And .. this might explain why the nurses' good reports about Terri on the computers were always erased.

I have always suspected something waaaaay rotten in this whole situation. My prayer is for Terri to get out this nightmare alive...her family have some peace...and Divine Justice overlook this whole stinking mess from the judge on down. God help them all if they have played with this woman's life to cover their own wrong doing or collusion.

Red

[agrace]

Also .. Judge Greer's wife sits on the board of directors for the Hospice where Terri is.

That's been said several times here today but as far as I know it hasn't been proven. Sure he has hospice connections but right now there's no proof that one of those is his wife.

[TBP]

Save Terri first. Jeb has the authority to go get Terri and Dubya can call out the Federales to go get her too. But tehy won't. Republicans are jellyfish, when it comes right down to it. After all, the media might say bad things about them. Boo hoo.

Greer should be arrested for contempt of Congress and all the attendant penalites should be applied. (He should be locked up until the case is over.) He is a state judge (at the low level, too) and he dares to try top tell the U.S. Congress whom tehy may and may not subpoena?

If the Republicans in Congress had any cajones, this judgenfuhrer would already be locked up.

[smoothsailing]

You are correct. First, Terri would have to be eligable for a pardon, I suppose.I hope she is, but were she, I am certain Jeb would have granted one by now.

[politeia]

The real question is whether Greer has overstepped his authority by ordering that no one can give Terri food or water by mouth. This on the face of it cannot be legal and why George or Jeb Bush haven't blasted Greer out of that courtroom on this one I will never understand.

Food and water given by mouth are not life support or extraordinary means in any shape, form or fashion. No judge has the power to order a person be denied food and water by mouth. I defy anyone to show me a legal authority for such an abomination. Why is Jeb waiting? Has this specific facet of this case been challenged? If not, why not?

[tutstar]

ping

[Conservative4Ever]

I know...but things we would love to see nonetheless.

Red