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.''
In 2002, were the Schindlers permitted to choose two doctors to examine Terri, to conduct any tests on Terri, and to examine Terris medical records, all expenses paid?
In 2002, were the Schindlers doctors allowed to video-tape their sessions with Terri?
In October 2002, were the Schindlers doctors asked to testify by Judge Greer and present their evidence to the court?
Not a doubt in my mind of that, Cindy. The legislative and the executive actually do the job they are supposed to do, at the demand of the people (you know, those of us who consent as to how we will be governed), and the judicial and litigious tyrants are throwing a titanic temper tantrum and making a national spectacle of themselves.
Richard L. Pearse, Jr, Attorney at Law
Has Pearse change his views in this case?
Does Pearse now believe that his affidavit about Michael Schiavo's conflict interest is no longer applicable?
I'd like to give him the benefit of the doubt, but it seems like it's been much easier for him to take the side of his friend Felos and just throw out any testimony or evidence that conflicts with what his friend Felos tells him.
Let's also add that the judge and his friend both have a connection to the hospice industy.
In Felo's case his connection just happens to be to the very hospice that Terri is in.
Nope, nothing to see here, move along................
Is that a Yes?
In October 2002, did Judge Greer hold a brand-new evidentiary hearing on the Schiavo case? Yes
In 2002, were the Schindlers permitted to choose two doctors to examine Terri, to conduct any tests on Terri, and to examine Terris medical records, all expenses paid? Yes
In 2002, were the Schindlers doctors allowed to video-tape their sessions with Terri? Yes
In October 2002, were the Schindlers doctors asked to testify by Judge Greer and present their evidence to the court? Yes
Geez Louise, that's certainly uncalled for.
Good question; but since Judge Greer in effect removed him, that's just something else that's "no longer relevant," is it?
Judge Demer has elected to have someone new appointed, instead. You can read all about Jay Wolfson, here: WHO IS DR. JAY WOLFSON
Can a "legally blind" person read or watch a video?
In 2003, did the three appellate judges watch all the Terri's court-ordered examination videos and read all the transcripts?
Thanks so much for MAKING MY POINT: This judge is a FARCE, Gov. Bush.
Good question; but since Judge Greer in effect removed him, that's just something else that's "no longer relevant," is it?
Is that a Yes?
Has Pearse changed his views in this case? Yes
Does Pearse now believe that his affidavit about Michael Schiavo's conflict interest is no longer applicable? Yes
In 2003, did the Second District Court of Appeals also agree with Judge Greer's ruling?
A few of us went into detail on this when it first happened. Find the Connor memo and our discussions of it. It was pretty clear and interesting.
>> ?They are just postponing the inevitable by using delaying tactics. They know they will lose their case and are trying to buy a few more days before Terri's tube is removed again.
No, I don't think so, read on...
>> ?They think that Tallahassee judges will be more amenable to hear the governor's case.
well, yes and no. State law and state judicial rules already clearly define HOW and WHERE to go about challenging the constitutionality of a State law. Those rules are very detailed, and specify Tallahassee. There are a dozen or so OTHER rules Greer violated in his process here.
You're slightly right though, in that Tallahassee has not already condemned Terri to death several times. Pinellas county is more likely to rule against her based on the exact same old rationalle.
Greer's actions and memorandum indicate he intends to stick with all the existing 'facts' that he determined to be true in the past. But state laws say there are no facts yet determined in this case. EVERY previously disputed FINDING has to now be re-discovered, and possibly decided by a jury trial if disputed, since the state and it's lawyers were not part of the case at that time. The state 'might' have argued those earlier 'facts' much better than Terri's lawyers did, and if so, she might never have gotten put onto death row.
>> ? Even if they lose in Tallahassee, the case will go to the First District Court of Appeals, not the Second District Court of Appeals. They might consider the First District Court of Appeals as friendlier to the governor.
Good point... I'd say the 2nd district can NOT be impartial, and should NOT be in the appeals path, because they have condemned her on appeal, multiple times in the past.
If it DOES stay in the 2nd district, then those judges who ruled earlier, should at least recuse themselves. There are 12 judges there total, so that should NOT be a hardship.
I can find some of those earlier threads later if you like
I would have to agree wholeheartedly with that. Problem is, I'm afraid at this point that if Terri got herself out her bed, walked down the hall, and said, "let me out of here," the HINO would get wind of it and have her heavily sedated and George Felos would go into hyperdrive spin cycle to explain it away. They seriously want this woman dead and their willful determination to see it done just isn't natural. A husband who was truly acting in his wife's best interest, would at some point, especially now, stand back and at least say to himself, "maybe I'm wrong. Maybe I should take some time and rethink it it." I see no evidence that he has ever done that. I see a lot of evidence that he just wants her out of the way.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.