Terri's Fight - (Daily Thread/Updates) November 5 -7, 2003

Various | November 5, 2003 | sweetliberty

[tutstar]

thank you......you deserve some sleep now...LOL

[nicmarlo]

Yes, sleep....so I can prepare more legal documents tomorrow!!! : )

[nicmarlo]

yw; I will work on an "English" translation, one as short as possible, and post (hopefully) tomorrow.

[msmagoo]

Excellent summary of the motion filed by Ken Connors for Jeb Bush. If Felos' motion (challenging the constitutionality of Terri's Law) is NOT dismissed, Felos will have to:

* properly serve Jeb Bush, according to the laws of civil procedure

* possibly hand over all Terri's medical records and all associated reports, according to the rules of discovery

Connor pointed out that Greer has decided certain 'facts' but Connor asserted that Jeb Bush has the right to examine the evidence, under the rules of due process, especially in a case of life and death.

Connor also contends that Felos request for an injunction (asking the court to bar the re-insertion of the feeding tube) is moot because the feeding tube had been re-inserted prior to the injunction being filed.

I think Felos is looking into the business end of a BIG CANNON. :0

* allow Jeb Bush to consider

[nicmarlo]

I think Felos is looking into the business end of a BIG CANNON. :0

Methinks you're right. And also, Felos is probably now wishing he hadn't filed this lawsuit.....because now the real truth will get out. And new witnesses can be brought in and "old" doctors questioned again....and medical documents questioned....he he he he.

[nicmarlo]

Thanks for stating that other information.....I couldn't remember everything in there.... : )

[sweetliberty]

"msnbc, anderson and felos on now!"

What did they say? I don't get MSNBC. They're on together??

[Shortstop7]

guess Felos and gang aren't too happy...

And that makes me very happy to know........

[sweetliberty]

Trollus Howlus Alert 662

[nicmarlo]

It's about time! : )

[msmagoo]

Also, it appears that Connors is giving Felos notice that he intends to use the discovery process to allow Jeb Bush to examine "legal conclusions" promoted as fact - he is criticizing the use of hearsay evidence and asserting Respondent's right to determine "ultimate facts."

This is exactly what we have been calling for all along; a need for review of legal findings favorable to Shiavo which seem UNFAIR and contrary to common sense.

As supercat has pointed out before, once a 'finding' has been made on a piece of evidence or testimony, the court views it as a Finding of Fact. Thus Terri has been deemed PVS, contrary to some doctors reports. Thus Terri's "wish" to die has been found to be a Fact, though it is based on suspicious hearsay evidence. Thus Michael has been found to be a competent, unbiased guardian, contrary to everything we know!

If Felos refiles his motion after properly serving Bush, everything he now touts as a matter of record, decided by The Court, will be open to examination as "disputed evidence."

This is soooo important! Terri and the Schindlers are in good hands now. Felos is going to wither like a vampire at sunrise!

[nicmarlo]

If Felos refiles his motion after properly serving Bush, everything he now touts as a matter of record, decided by The Court, will be open to examination as "disputed evidence." This is soooo important! Terri and the Schindlers are in good hands now. Felos is going to wither like a vampire at sunrise!

You post is absolutely correct. And this is very important and good news.

[nicmarlo]

sorry for my typos tonight....I'm pretty tired...it's been a long day/week.

[nicmarlo]

good night all....my head is tired, my eyes are sleepy, my back needs rest......I'm getting old, lol!

See you all tomorrow. Prayers for Terri, her family and Gov. Bush.

[supercat]

in nutshell, Connor told them they didn't file things properly , the courts have previously ruled incorrectly and the Gov will not appear before them because they didn't follow the rules????????

Another point that hasn't been mentioned is that in a legal proceeding, the respondent must be allowed 45 days from the time they are properly served notice of the proceeding to prepare a response befoe the proceeding can go ahead. There are a few exceptions to this rule, but none of them apply. Since Felos et al. haven't even served proper notice of the lawsuit to Governor Bush, the 45-day clock hasn't even started.

Methinks Felos made a very big mistake here. He's used to dealing with attourneys who may know the official rules, but don't necessarily know how things are 'done'. He's also used to playing on 'home field', where he knows how to be seen in a good light by the judges. He has just picked a fight with a legal team that's much better than he is, and done so in a way that gives up home-field advantage.

If I may use an analogy, there are two ways to win money at poker: (1) play really well, or (2) seek out players who are worse than you, and only play against those. Felos is an expert at approach (2), and consistently wins when he picks the right opponents. His latest action, though, is equivalent to engaging himself in a heads-up match against an expert. Prepare for the slaughter.

[lonevoice]

Would appreciate your excellent clarification on this. If I'm understanding it, Connor is saying that anything introduced by Schiavo/Felos from prior litigation to which Gov Bush wasn't a party is actually "hearsay"? And, if it's hearsay, then Bush has a right to discovery, depositions, evidentiary hearings, and even a jury trial when he disputes the evidence? Essentially, couldn't that mean trying the case all over again from the beginning? If so, that could take months...years maybe?

[msmagoo]

I appreciate your insight into Felos trying to make an "end run" aound the Rules of Civil Procedure, by not serving Bush (Felos merely faxed a copy of the motion to Bush, apparently) and his attempt to cut Bush out of the hearing process.

I can't wait to see the next round of documents! The tables have turned...it's out of Greer's courtroom from here on out, isn't it?

[sweetliberty]

Sounds like Felos has met his match in Connor and then some. God, I love it when human cockroaches are exposed to the light! Hehehe....I'm reminded of the old Raid commercial....the one with the cockroach shouting: RAID!

[StarFan]

This is soooo important! Terri and the Schindlers are in good hands now

This is positively, wonderful news.

[supercat]

Essentially, couldn't that mean trying the case all over again from the beginning? If so, that could take months...years maybe?

Right. And it seems likely that Michael's guardianship of Terri won't last that long. I'm not sure if Schiavo v. Bush could proceed if Michael loses guardianship, but it would be rather interesting if Michael et al. pressed ahead and Terri appeared in court to defend Bush's actions.

BTW, if Terri recovers, I wonder how her parents would feel about her likeness being used in the campaign ads of candidates challenging certain legislators?