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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: deport
The way this case has gone down seems to me there'd be nothing to keep someone from going to court in the same manner against Judge Greer. If he didn't show up (because he's in hiding or whatever), you might be able to pull it off.

There seems to be entirely too much bias in Florida law toward treating people as slabs of meat.

61 posted on 03/27/2005 11:16:01 AM PST by muawiyah
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To: Critter
If she takes fluids orally, that would destroy his case that she is PVS.

A PVS person can take liquids orally. The reflex swallow action is still intacts.

62 posted on 03/27/2005 11:27:52 AM PST by antiRepublicrat
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To: dufekin
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.

No they wouldn't. You can refuse medical treatment that is keeping you alive.

To grant my request, the Court would have to vacate first my right to life

A court in a nanny state where you have no rights, where the government owns your body, would force you to stay alive. A court in a country where people are truly free would grant your request and affirm your right to refuse lifesaving measures.

63 posted on 03/27/2005 11:30:12 AM PST by antiRepublicrat
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To: Natural Law

Why hasn't the American Disabilities Act kicked in here? Or was that act intended to only insure nationwide handicapped parking?


64 posted on 03/27/2005 11:33:40 AM PST by Slyfox
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To: muawiyah

No, but as a member of the media, I usually can park wherever I want, sort of like UPS. I never abuse it, but if I exceed the time limit in a parking zone, which I have, I still don't get tickets.


65 posted on 03/27/2005 11:44:00 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: antiRepublicrat
My guess is the morphine is probably to reduce the seizures.

Yeah, by giving her morphene it makes it easier for the staff to be in the same room with her as they kill her.

It is very important to make the executors feel comfortable. That is one reason why they began to gas the Jews. Too many soldiers were very uncomfortable shooting so many people in the head.

66 posted on 03/27/2005 11:44:16 AM PST by Slyfox
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To: Critter

The Court Cittters (no relation to Free Republic's own Critter) Just could not find 12 people even close to as evil and inhumane and nasty as themselves, whom they could trust to bring in the death sentence, they lusted for.


67 posted on 03/27/2005 11:52:03 AM PST by F.J. Mitchell (Hillary Rodhamclinton is phonier than a three dollar bill clinton.)
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To: muawiyah

Exactly the way Florida treats Conservative Republican voters, except more like chopped liver, than a slab of meat.


68 posted on 03/27/2005 11:56:33 AM PST by F.J. Mitchell (Hillary Rodhamclinton is phonier than a three dollar bill clinton.)
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To: Critter

HI CRITTER

Nice to see you : )

It's a heartbreaking situation : (( all around.

Keep in touch : )


69 posted on 03/27/2005 11:57:29 AM PST by alisasny (We get 4 more years, you get OBAMA...: ))
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To: antiRepublicrat; Critter; Ohioan from Florida; floriduh voter; amdgmary; cyn
That is a cruel and flippant response. You know the PVS is STRONGLY in dispute, and PVS was the concluding OPINION of just one judge, based on 60% of the doctors' testimony. Not quite 'beyond any reasonable doubt'.

But by YOUR standard, Scott Peterson would get a 'trial de novo' with a jury of 12 murderers on death row.

Oh really? How is it WE ALL KNOW that, given the virtual strip-searches the police so 'kindly' provide before letting the Schindlers in the room?

And then who is the 'we' you refer to? Would that be (you and the death-mongers)? or (you and the Schiavo brothers)? how about (you and the Menendez brothers)? You really expect the WORST from people don't you?

70 posted on 03/27/2005 12:45:59 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: F.J. Mitchell
>>The Court Cittters (no relation to Free Republic's own Critter) Just could not find 12 people even close to as evil and inhumane and nasty as themselves, whom they could trust to bring in the death sentence, they lusted for.

Well said! thanks

71 posted on 03/27/2005 12:46:53 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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72 posted on 03/27/2005 12:52:01 PM PST by Future Useless Eater (FreedomLoving_Engineer)
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To: muawiyah

Judge Greer was born in Brooklyn, NY.


73 posted on 03/27/2005 1:37:36 PM PST by OK
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To: Military family member

At that time, $20 was one ounce of gold, so she's worth $426.


74 posted on 03/27/2005 1:39:40 PM PST by OK
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To: Critter
"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."

The right to a jury trial for civil cases only applies to Federal courts. State courts are only required to have a jury in criminal cases.

75 posted on 03/27/2005 1:40:48 PM PST by Modernman ("They're not people, they're hippies!"- Cartman)
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To: muawiyah

And Felos got his law degree in Boston.

Florida is two different states. North of Orlando it is like the South, but below Orlando it is mostly Yankees and hispanics.


76 posted on 03/27/2005 1:56:47 PM PST by OK
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To: OK

So? He went native maybe. Or is this an explanation of why he is so willng to let rural Sicilian folkways into his courtroom?


77 posted on 03/27/2005 2:10:51 PM PST by muawiyah
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To: OK

Still, Florida has only one set of laws, and they are written so that Felos and Greer can use them to dispose of people like they were pieces of meat.


78 posted on 03/27/2005 2:12:04 PM PST by muawiyah
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To: Modernman

The 7th mendment does not make that distinction.


79 posted on 03/27/2005 2:47:21 PM PST by Critter (America, home of the whipped.)
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To: muawiyah

It was just an observation that Florida is ground zero in the cultural war in the US. It is as if you took Massachussetts and South Carolina and made them into one state. It ain't pretty. That is why Florida has fiascos like the 2000 elections and this case.


80 posted on 03/27/2005 3:28:21 PM PST by OK
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