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Why has no jury heard the Schiavo case?
March 27, 2005 | Critter

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?


TOPICS:
KEYWORDS: ignoranceoflaw; schiavo; stupidvanity; terri; terrischiavo
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To: muawiyah

your characterization of florida as a "southern" state and implying that its filled with nothing but 'racist, redneck good 'ol boys' is absurd.


21 posted on 03/27/2005 8:49:51 AM PST by kingattax (If you're cross-eyed and dyslexic, can you read all right ?)
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To: atomicpossum
Yes. Judge George Greer has declared implicitly that its life has no value whatsoever. That's right, "its," not "her;" the Judge also decreed that Terri is a vegetable, not a person. And Judge Greer is the only person whose opinions matter. (Obviously Michael Schiavo and George Felos agree with the Judge.)
22 posted on 03/27/2005 8:50:15 AM PST by dufekin (United States of America: a judicial tyranny, not a federal republic)
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To: cajun scpo

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?


23 posted on 03/27/2005 9:03:12 AM PST by Critter (America, home of the whipped.)
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To: Critter

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.


24 posted on 03/27/2005 9:05:28 AM PST by Natural Law
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To: kingattax
Did I say that?

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!

25 posted on 03/27/2005 9:23:13 AM PST by muawiyah
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To: Critter
"Why has no jury ever heard the Schiavo case?"

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.

26 posted on 03/27/2005 9:24:03 AM PST by sweetliberty (Never argue with a fool. People might not know the difference.)
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To: Critter

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.


27 posted on 03/27/2005 9:30:07 AM PST by mtbopfuyn
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To: G Larry
And now, they are "administering MORPHINE" to a woman they assert can feel no pain!

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.

28 posted on 03/27/2005 9:37:01 AM PST by antiRepublicrat
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To: tscislaw
Exactly. As I understand it, she has never had an attorney represent HER.

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.

29 posted on 03/27/2005 9:39:06 AM PST by antiRepublicrat
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To: OK
If you insist on clinging to the political fiction of a Democratic-Republican dichotomy

Thus one reason for my screen name. I don't really see much difference.

30 posted on 03/27/2005 9:40:12 AM PST by antiRepublicrat
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To: dufekin
Terri Schiavo is not a person. Judge Greer determined as a matter of fact that she is a xerophytic vegetable, not a person.

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.

31 posted on 03/27/2005 9:43:45 AM PST by antiRepublicrat
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To: Future Useless Eater
or in her case, maybe 12 unbiased DISABLED citizens.

A jury of twelve people in a vegetative state. That'll be interesting.

32 posted on 03/27/2005 9:44:51 AM PST by antiRepublicrat
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To: CitizenM
The family will not have any visitation at the Hospice

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.

33 posted on 03/27/2005 9:47:00 AM PST by antiRepublicrat
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To: antiRepublicrat

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.


34 posted on 03/27/2005 9:51:56 AM PST by Critter (America, home of the whipped.)
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To: dufekin
The $20 was a huge amount of money when the Constitution was written. I believe the initial intent was to make it high enough to avoid petty law suits.

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

35 posted on 03/27/2005 9:52:59 AM PST by Military family member (If pro is the opposite of con and con the opposite of pro, then the opposite of Progress is Congress)
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To: cajun scpo
...You are suggesting she should have a lawyer that takes your view...

Am not.

36 posted on 03/27/2005 9:54:52 AM PST by FReepaholic (Vanity of vanities: all is vanity.)
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To: Critter

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.


37 posted on 03/27/2005 9:55:20 AM PST by mlc9852
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To: antiRepublicrat
If Terri Schiavo were a person, then her Creator would have endowed her with an inalienable right to life (not a right to death), and the government would exist primarily to secure and protect that right. But the Court must have ruled that Terri Schiavo is not a person in order to compel her death by thirst.

If I went to a Court and argued to exercise a right to death, the Court would find me to be insane and send me to a mental assylum--and rightly so. To grant my request, the Court would have to vacate first my right to life; in order to do so, the Court must find that I am not a person.
38 posted on 03/27/2005 9:55:58 AM PST by dufekin (United States of America: a judicial tyranny, not a federal republic)
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To: Military family member

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.


39 posted on 03/27/2005 9:56:26 AM PST by Critter (America, home of the whipped.)
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To: Critter

My question is why no jury trial? Someone said because Greer's court is a probate court.



The case has been in other courts I'd think as there have been many other judges involved overtime. Some are appellate courts but others are local courts I'd assume...

A jury heard the civil suit seeking damages and awarded some $1.2 million or so.


40 posted on 03/27/2005 9:58:49 AM PST by deport (You know you are getting older when everything either dries up or leaks.)
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