[george wythe]

Why are the governor's lawyers trying to move this lawsuit to Tallahassee?

Possible reasons:

1. 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.

2. They think that Tallahassee judges will be more amenable to hear the governor's case.

3. 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.

4. _________[Add your guess]

For how long will this delay tactic work?

Possible outcomes:

1. The plaintiff's attorney, Felos, may ask Judge Baird to lift the stay. The case was automatically stayed when the governor's attorneys apppealed the motions' rulings. Baird can lift the stay immediately.

2. Baird may decide to wait until the motions' rulings are resolved at the appeals court and possibly the Florida Supreme Court. Judging by the previous history on this case, it will take at least a week for the motions' appeal to move through the highest courts.

[Chancellor Palpatine]

Heck, I don't know why he doesn't just issue an executive proclamation that he wins, Michael Schiavo loses, all while sending the Florida National Guard to seize all property that he has, his girlfriend has and his girlfriend's family has. Its no more farcical than what he is doing already.

Bottom line, he needs to drop any pretense that he has any concern for law, procedure and the orderly administration of justice.

[GovernmentShrinker]

4. A way to get Judge Greer out of the loop, at least for one round. Too much evidence that Greer lacks impartiality, but apparently not quite enough to create legal grounds for forcing him off the case.

[Future Useless Eater]

>>Why are the governor's lawyers trying to move this lawsuit to Tallahassee?

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