[NebraskaTrailrider]

from what I've read all 6 lawyer firms Gov Bush consulted have stated he not only can intervien, he should immediately intervien.

[trustandobey]

I'm calling on everyone to send nonstop emails to Jeb. Today is the day.

[NebraskaTrailrider]

I'm also aware of my spelling. Thanks anyway.

[Pan_Yans Wife]

Is it possible that there could be a conflict between what the outside legal team thinks is permissible, and what Jeb's own counsel believes is permissible?

I'm relating this to the notion that Jeb would have Governor's Counsel... like Bush has WH Counsel, correct?

[Don Joe]

"from what I've read all 6 lawyer firms Gov Bush consulted have stated he not only can intervien, he should immediately intervien."

Correct.

The coward is dismissing the very advice he sought from the top legal minds in the land.

He doesn't deserve to be elected gnat catcher after this.

[esquirette]

IN THE FIRST DISTRICT COURT OF APPEALS FOR THE STATE OF FLORIDA


File No. __________________


EMERGENCY HEARING REQUESTED

THERESA MARIE SCHINDLER
SCHIAVO, Incapacitated, by her
Parents and Next Friends, ROBERT
SCHINDLER and MARY SCHINDLER,

Petitioners,

VS.

JEB BUSH, in his capacity as
GOVERNOR OF THE
STATE OF FLORIDA,

Respondent.
______________________________________/


EMERGENCY PETITION FOR WRIT OF MANDAMUS

COME NOW Petitioners, Robert and Mary Schindler, natural parents and next friends of Theresa Marie Schiavo, and respectfully ask this Court, on an emergency basis, to enter an Order granting the extraordinary Writ of Mandamus, and as grounds therefore state:
1. This Court has original jurisdiction for the issuance of Writs of Mandamus pursuant to the Florida Rules of Appellate Procedure 9.100.
2. Respondent Governor Jeb Bush is a resident of and maintains his office in Leon County, Florida, and this Court has jurisdiction.
3. Petitioners are residents of Florida, and parents and next friends of Petitioner Theresa Marie Schiavo (Terri), a citizen of Florida.
4. Terri has been without food and water since 2:00 p.m. October 15, 2003, pursuant to Order of the Court issued in Pinellas County in the context of the guardianship established for Terri.
5. The removal of food and water from this patient along with the administration of morphine will result shortly in Terri's death.
6. The Pinellas County Circuit Court action is an illegal action under color of state law, giving rise to a duty on the part of Governor Bush to exercise his executive function in preservation of Terri's civil rights.
7. The Pinellas County Circuit Court action, which involves different parties than this action, constitutes the de facto execution of an innocent person not charged with a crime.
8. The Pinellas County Circuit Court action constitutes an execution by means so "cruel and unusual" in nature that no death row inmate could be executed by this means, as it violates the Eighth Amendment to the United States Constitution and Article 1, Section 17 of the Florida Constitution. 9. There is reason to believe that Terri has been the victim of criminal acts both before she became incapacitated as well as after.
10. The State of Florida, through its Executive Branch, has an absolute duty to investigate evidence suggesting the commission of possible crimes.
11. Terri is a "disabled person" under all applicable state and federal laws. Further, she is fully a "person" within the meaning of that term under state and federal laws.
12. According to Article I, Section 2 of the Florida Constitution "[a]ll 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 ...." Additionally, Article I, Section 2 provides that "no person shall be deprived of any right [including the right to enjoy life] because of ... physical disability."
13. According to Article IV, Section 1, "the supreme executive power" of the state of Florida is vested in the "governor ... who shall take care that the laws be faithfully executed."
14. The governor has the power, indeed the duty, to ensure that this constitutional guarantee of the "inalienable right ... to enjoy and defend life," regardless of physical disability, is preserved.
15. The Honorable Jeb Bush is Governor of the State of Florida and as such took an oath, as set forth above, upon entering office, to enforce the law equally in order, among other things, to protect life.
16. Obedience to this oath is not discretionary but mandatory.
17. Governor Bush heads the executive branch of government of this state, which branch is co-equal with the legislature and the judiciary.
18. Neither of the two other branches can void his oath nor the executive powers that are inherent in his office.
19. Governor Jeb Bush must protect the life of Terri Schiavo pursuant to his oath when that life is placed in danger as a result of violation or misapplication of Florida law.
20. The enforcement of the Pinellas County Circuit Court Order is in effect a violation of Florida Statute 825.102 which makes it a crime to abuse and neglect any disabled person, precipitating the Governor's duty to intervene.
21. The enforcement of the Pinellas County Circuit Court Order is in effect a violation of the Florida Constitutional guarantee as set forth in Fla. Const. 1, Sec. 2 that all natural persons, even those with physical disabilities are equal before the law and have the inalienable right to life, liberty, and the pursuit of happiness, precipitating the Governor's duty to intervene.
22. In support hereof, Petitioners adopt by reference the memoranda of Jeb Bush, Governor of the State of Florida, and Herbert W. Titus, Attorney at Law, and the Thomas More Center attached hereto.
WHEREFORE, because Governor Jeb Bush has an affirmative duty to enforce the laws of the State of Florida as set forth above, Petitioners respectfully request that this Honorable Court mandate that he immediately and without delay execute and forward to the appropriate authorities the attached proposed Order(s) and/or take such other actions as may be necessary to enforce the Laws of the State of Florida.

________________________________
Michael R. Hirsh
Attorney for the Petitioners
Hirsh & Heuser, P.C.
125 TownPark Drive Suite 300
Kennesaw, GA 30144
770-420-8224 Telephone
Georgia bar number 357220

____________________________
Teresa Cooper Ward
Attorney for the Petitioners
245 East Washington Street
Monticello, FL 32344
850-342-3216 Telephone
850-342-3217 Facsimile
Florida Bar No. 343692 
CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing has been furnished by hand delivery to the Executive Office of the Governor, Room 209, The Capitol, Tallahassee, Florida 32399-3494 at approximately ___________ p.m. this 17th day of October, 2003.

_______________________________
Teresa Cooper Ward
Attorney for the Petitioners
245 East Washington Street
Monticello, FL 32344
850-342-3216 Telephone
850-342-3217 Facsimile
Florida Bar No. 343692

[freeparoundtheclock]

If Jeb Bush can find a way to do an Executive Order, IT MUST BE IRONCLAD so that hubby's attorney doesn't do anything drastic (covertly to Terri) or immediately file some kind of appeal with the U.S. Supreme Court who have already turned this down once.

If the Florida Supremes decide against Terri tonight around midnight, then hopefully, Terri's attorneys will go to plan "next".

However, this turns out, someone should do a Thank You Thread for everyone who helped Terri on the internet or in person.