Posted on 11/11/2003 10:17:59 AM PST by george wythe
Gov. Jeb Bush on Monday moved to block any quick action on the constitutional challenge to Terri's Law, a bid that could keep Terri Schiavo alive for at least as long as it takes to appeal a procedural issue.
Bush received an automatic stay of Michael Schiavo's lawsuit against him and Attorney General Charlie Crist by filing a notice of appeal on a decision by Circuit Judge Douglas Baird.
Now, before any constitutional challenge to Terri's Law can be decided, both sides will have to make their cases before the 2nd District Court of Appeal on whether the lawsuit was filed in the right county and whether the governor was properly notified that he is a defendant.
Michael Schiavo's attorney accused Bush of engaging in ``shameless delaying tactics.''
``The governor wants to delay this case through any possible legal maneuver for as long as he can,'' attorney George Felos said. ``I wish the governor would be a man about it and stand up and defend the law. He is almost like hiding in the bushes with his tail between his legs.''
Last week, Baird denied Bush's motion to dismiss Schiavo's lawsuit on the grounds that it should have been filed in circuit court in Tallahassee rather than in Pinellas County because the governor traditionally enjoys a home venue privilege.
Also, Bush complained he was not properly served notice that he was being sued.
Baird said a legal concept known as the ``sword-wielder exception to the home venue privilege'' allows citizens to defend themselves from government action in their home county.
Also, Bush waived his right to complain about not being properly served with the lawsuit when one of his attorneys participated in an emergency hearing Oct. 21, the night Schiavo's lawsuit was filed, the judge said.
That same night, Bush used the new state statute dubbed Terri's Law to order that a feeding tube be reinserted into Terri Schiavo's stomach so she could again receive liquid nutrition after almost seven days without food and water.
The feeding tube was removed Oct. 15 on court orders after an almost 5 1/2-year legal fight between Michael Schiavo and his wife's parents, Bob and Mary Schindler.
Terri Schiavo's brain was damaged in 1990 when she suffered heart failure at the age of 26.
The now 39-year-old woman has been in what her husband's doctors term a persistent vegetative state ever since. In a nonjury trial in January 2000, Circuit Judge George Greer agreed with Michael Schiavo's contention that his wife would not want to be kept alive with no hope of improvement.
The Schindlers contend their daughter reacts to them and could improve with therapy. In addition to battling their son-in-law in court, they have mounted an Internet-based public relations campaign featuring snippets of video that appear to show Terri Schiavo smiling at her mother and following a balloon with her eyes.
In August, Bush cited tens of thousands of calls and e-mails from Schindler supporters as his reason for seeking to intervene in the case.
Two months later, the Legislature responded by enacting Terri's Law, which gave Bush the power to stay a court order. The law also provided for the appointment of a guardian ad litem to investigate the case.
In a Nov. 6 letter to the new guardian, University of South Florida Professor Jay Wolfson, Bush requested a meeting to discuss issues the governor wants Wolfson to investigate.
Arrangements for a meeting were being discussed Monday, Bush spokesman Jacob DiPietre said.
Meanwhile, Michael Schiavo's attorney said he will ask Baird to lift the stay on his client's constitutional challenge to Terri's Law. The law violates Terri Schiavo's right to refuse medical treatment and improperly grants the governor power to interfere in a court case, Felos said.
Terri Schiavo has more to lose than Bush does if the stay remains in place, Felos said. It is a matter of her rights being ``violated on a daily basis'' versus Bush ``having to defend the case on its merits even though the sheriff did not knock on his door and serve him with a summons.''
George, you're pulling a "Greer." PLEASE ALLOW ALL OF THE RECORD TO SPEAK FOR ITSELF, not a biased selection that most pleases you.
It is only through evil that one can pretend to be "neutral." Either Terri has such a desperate right-to-die that hearsay of casual comments without oath or informed consent made at a time when the definition of "life support" did NOT include feeding is sufficient to enable its execution (pun intended) -- or else this is a giant travesty against all that is right and good.
I vote the latter.
Done. Great idea about writting a book about this case to point out Judicial tyranny. Can't think of a better illustration of it than this. A judge ordering the starvation-execution of an innocent disabled woman based on the hearsay evidence of her unfaithful, conflicted spouse.
I disagree with it.
One of my friends went through a divorce, and I witnessed the highest level of nastiness and stubbornnes I've ever seen in my life.
The wife accused the husband of child abuse.
The husband accused the wife of being a member of a dangerous cult.
At the end, both accusations were found to be meritless by the divorce court.
Nevertheless, the stubborn husband lost all his money in lawyers, at least 100 grand.
The wife gained a lot of weight and became a witch with her parents and her children.
Several years later, both have "made up" to certain extend. Nevertheless, the children suffered several years of nastiness and stubbornnes. (As you can tell, I did not side with my friend. Since day one, I told him that both he and his beautiful wife were acting foolishly.)
My reading of the body language, the accusations, and the trial transcripts has lead to believe that both the Schindlers and Schiavo are not arguing about Terri's future anymore.
It's all about themselves and their desire for revenge. Terri is the football.
There are other choices.
Another great point to add to the list. Bump
So what if they did (and I don't even believe that for a moment). It would still be evil.
With Michael it's about revenge, hence , his repeated viciousness.
With Terri's parents it about them trying to keep their helpless disabled daughter from being executed by starvation and dehydration George.
It's about saving her life. If the cold-blooded, selfish, greedy, adulterous, neglectful, miserable excuse for a husband wins the case- helpless disabled Terri will be slowly and excrutiatingly murdered.
The precceding is my opinion blah blah blah
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