Posted on 03/27/2005 8:04:26 AM PST by Critter
One thing has been troubling me for the last week. Why has no jury ever heard the Schiavo case?
Have the parents waived to right?
Heck, I really don't even know who is suing who in this case. I'm rather knew to what's going on.
But it seems to me that a case can be made that since no jury ever tried this case, Terri's, and/or the Schindlers constitutionally guaranteed right to a trial by a jury (7th Amendment) has not been satisfied.
Would it be possible at this point for the Schindlers to file an appeal based on that argument alone? And maybe get the feeding tube restored until a jury can hear the case and render a verdict?
your characterization of florida as a "southern" state and implying that its filled with nothing but 'racist, redneck good 'ol boys' is absurd.
My question is why no jury trial? Someone said because Greer's court is a probate court. Is probate not a function of common law? If it is, then a jury trial is guaranteed by the 7th amendment.
If probabte is not a function of common law, how difficult would it be for the Schindlers to sue in a superior court and demand a jury trial, and pending the outcome, a re-insertion of the feeding tube?
Under Florida law these matters are under the jurisdiction of the Probate Courts. Unfortunately, the next recourse is to file a wrongful death suit in a different court and demand a jury trial. This would make sure that all records are not destroyed and that a full autopsy is performed and reviewed by pathologists and medical examiners subject to peer review and cross examination by expert witnesses.
My, my, my ~ I thought I was referring to certain legal principles which, no doubt, could very well have been put into place over the last 131 years!
You should read up on Florida history before Captain Eddie Rickenbacker and the boys from Indiana came down there and straightened up the beach-front.
Cuba was probably more progressive!
Again, my suspicion is that garbage like that being used by Judge Greer to kill this woman infiltrated into Florida law long before modern times, and unfortunately some of their more modern stuff simply amplifies the evil in the old stuff.
They need some reforms!
Greer would have never allowed it.
Face it. We're living in a culture that revels in the death of the innocent and defends the lives of the guilty.
Lord, have mercy on us.
What amazes me is that swamp judge won't allow Terri to have legal representaion. Her two timing evil husband has an attorney from the Hemlock Society. Her family has representation for their own interests. But Terri has no one. Terri has no one. Terri has no one. Terri has no one and not even Jeb or W care.
Death by dehydration can result in seizures near the end as the brain starts misfiring. My guess is the morphine is probably to reduce the seizures.
Whittemore considered that and threw that out. He said that her parents had hired lawyers and there could be no better advocate for the side of keeping Terri alive than that. She had adequate representation.
Thus one reason for my screen name. I don't really see much difference.
No, he ruled that since she is a person not capable of acting in her own interests, a proxy for her interests would be appointed. Her husband was appointed to be that proxy in accordance with normal practice, and possibly law.
A jury of twelve people in a vegetative state. That'll be interesting.
It's sick, but I can understand why he's doing it. We all know that any visitation will include an attempt to rehydrate Terri. I wouln't trust a desperate family, and I know no one would be able to trust me if that were my daughter.
Well, since the family probably could not reconnect the feeding tube, the only way they could rehydrate her is orally. If she takes fluids orally, that would destroy his case that she is PVS. So yeah, I guess it's only natural he would keep them out. The sick fugger.
Remember Congress members were paid $6 for each day Congress was in session. Which would give them a total of $1,560 for the year if they met five days a week (260 days), which they don't even do now. Usually, sessions started the first week of December and usually ended by the start of Spring Planting, only about a quater of the year. This puts congressions pay around $300 to $600 per year.
These wages were also meant for the House and Senate members to live fairly comfortably while in Washington. The Senators, Madison included, wanted to pay the Senate an extra $1 to $2 per day, because Madison felt the Senators had more power and should live better (so much for a class free society).
Right now we have too many frivolous law suits as it is. Can you imagine demanding jury trials for parking tickets, which your wording would allow?
While I agree with the concept of life being worth more than $20, this would complicate matter even worse. Senate Wages
Am not.
Their attorneys should have done that long ago. I don't know if they tried or not, but I haven't seen anything about it.
Your argument has merit, but the Constitution has not been amended to take into account inflation. The $20 has to stand, for now.
If there comes a point where the courts are jammed with $20 jury trials I'm sure a constitutional amendment would be passed.
Funny though how for over 200 years, it hasn't been a problem or a very big problem anyway.
My question is why no jury trial? Someone said because Greer's court is a probate court.
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