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Court Issues New Stay in Schiavo Case
ABC News ^
| Nov. 15
Posted on 11/16/2003 12:29:32 AM PST by nickcarraway
Appeals Court Issues New Stay Blocking Challenge to Law From Terry Schiavo's Husband
LAKELAND, Fla. Nov. 15 An appeals court has stepped in to at least temporarily block a man's challenge to a law that restored his brain-damaged wife's feeding tube in a contentious right-to-die case. Florida Gov. Jeb Bush had faced a Monday deadline to justify the constitutionality of the law, which was passed specifically to allow the governor to intervene in the case of Terri Schiavo. The 2nd District Court of Appeal issued an indefinite stay late Friday, hours after a lower judge lifted another stay.
Michael Schiavo now must explain to the state appeals court by Tuesday why his challenge should be on a fast track.
Schiavo had his wife's feeding tube removed last month after years of legal battles with her parents, but the governor ordered the tube reinserted six days later under a quickly passed state law.
Schiavo sued Bush, and an appeal by the governor triggered an automatic stay. Circuit Judge W. Douglas Baird lifted the stay Friday, saying any delays in removing the feeding tube violate Terri Schiavo's constitutional right to privacy.
"The deprivation of this right is immediate, ongoing and presumptively unconstitutional," Baird said from the bench.
Attorneys for the governor immediately appealed, and the new stay was issued.
"I'm not dragging my feet," Bush said after filing the appeal. "I think it's appropriate in something that is a matter of life and death that the procedures that we believe are the appropriate ones should take place."
Calls for comment to Michael Schiavo's attorney Saturday were not returned.
Pat Anderson, attorney for Terri Schiavo's parents, Bob and Mary Schindler, said her "life continues to be threatened by those forces who want to see her die from starvation and dehydration. We are once again grateful that the governor is doing everything in his power to protect Terri's life."
Michael Schiavo says his wife would not want to be kept alive artificially. She suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain.
TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: courts; florida; jebbush; terri; terrischiavo; terrisciavo
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George Felos, left, attorney for Michael Schiavo, talks with Amy Quezon, attorney representing Florida Gov. Jeb Bush, during a recess in a hearing Friday morning, Nov. 14, 2003, at the Pinellas County Courthouse in Clearwater, Fla. Michael Schiavo, who has fought a long legal battle to remove the feeding tube from his brain-damaged wife, only to have the state pass a special law to thwart him, won another round in court Friday when a judge ruled that his suit against Gov. Jeb Bush may proceed. (AP Photo/Steve Nesius)
To: Lady In Blue; Canticle_of_Deborah; MarMema; kimmie7; floriduh voter; JulieRNR21; NautiNurse; ...
ping
2
posted on
11/16/2003 12:30:06 AM PST
by
nickcarraway
(www.terrisfight.org)
To: nickcarraway
Yeehaw
3
posted on
11/16/2003 12:32:09 AM PST
by
HiTech RedNeck
("Across this great nation people pray -- do not put out her flame" -- DFU. An unashamed Godsquadder)
To: nickcarraway
Great news about the latest stay! Thanks! You might like this too...
FoxNews Announcer:
Monday - For thirteen years, Terri Schiavo has lingered between two worlds. [closeups of Terri]
Now, her husband says, "It's TIME to end her living nightmare"
But her PARENTS claim, spousal abuse, [close up of broken ribs x-ray]
insurance money, [closeups of $100 bills and court documents]
and ANOTHER WOMAN, [closeup of a huge man hugging a slim woman in lingerie]
are at the heart of his decision.
NOW, as time runs out... Can they KEEP her alive?
Their EXCLUSIVE interview, on the NEXT Hannity and Colmes - Monday.
MONDAY 9PM Eastern ...(Nov17th) (repeated 5 hours later at 2AM Eastern)
Contact Info:
Hannity@foxnews.com - Hannity & Colmes - Sean Hannity
Ontherecord@foxnews.com -On the Record with Greta - Greta Van Susteren
Atlarge@foxnews.com - At Large with Geraldo Rivera
Speakout@foxnews.com general FoxNews forum - Thank them for having the best Terri Schiavo coverage of any news channel!
Oreilly@foxnews.com - The O'Reilly Factor - Bill O'Reilly
(Bill used to parrot CNN with drivel from the husband)
(he's 'possibly' a little more 'pro-Terri' now?-)
To: FL_engineer
d ANOTHER WOMAN, [closeup of a huge man hugging a slim woman in lingerie] They had a picture of his girlfriend in lingerie?
5
posted on
11/16/2003 12:42:13 AM PST
by
nickcarraway
(www.terrisfight.org)
To: nickcarraway
no, it was just a 1 second flash of some man and woman, no faces (for effect) timed to coincide with the "another woman"
the announcer was saying.
To: FL_engineer
oh, one of those Fox deals. I was going to say that was weird.
7
posted on
11/16/2003 12:48:00 AM PST
by
nickcarraway
(www.terrisfight.org)
To: nickcarraway; sweetliberty; All
Florida State University - Humanities 101
If you damage a fertilized sea turtle egg, you are called a "FELON" and given a $10,000 fine.
But if you deliberately kill a beautiful 39 year old woman,
* who smiles at her parents,
* who tracks people around the room,
* who laughs at her father's jokes,
* who CAN swallow, but is NOT ALLOWED to be fed by spoon,
* who can sometimes say small words, and at times tries her best to reply,
* who cries when she sees her parents are leaving,
* who sits up in a chair during the day, and signals to her caregivers when she is tired and ready for bed,
* ...
...... If you deliberately KILL HER, you are called "YOUR HONOR" and paid $150,000 per year.
To: FL_engineer
Awesome post, FL_engineer
TTT
9
posted on
11/16/2003 12:59:16 AM PST
by
lonevoice
(Legal disclaimer: The above is MY OPINION)
Comment #10 Removed by Moderator
To: nickcarraway
She suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain. Awesome!!!
"Death shall have no more dominion over you..."
To: nickcarraway; sweetliberty; All
Since the subject of THIS THREAD is the recent stay by the 2nd DCA, I'd like to address a difference of opinion here, on whether the 2nd DCA are part of the "bad guys" trying to murder Terri, or just "innocent judges with their hands tied"...
AT THE MOMENT,
the 2nd DCA in Lakeland, is illegally tasked with deciding issues from the "Terri's Law" challenge. But SOME judges on the 2nd DCA have also themselves been
complicit, and have COLLUDED with lower courts, in putting Terri on death-row.
Three judges in particular on the 2nd DCA seem to have been ordering Terri killed: Judges Altenbernd, Fulmer, and Stringer. The following is from the last page of their communication to Judge Greer, which was in fact, a 'mandate' to Judge Greer...
Altenbernd: "On remand, following issuance of our mandate, the guardianship court
should schedule another hearing soley for the purpose of entering a new order scheduling the removal of the nutrition and hydration tube."
Affirmed. FULMER and STRINGER, JJ., Concur.
If that isn't illegal, it SHOULD BE. The Appeals court,
instead of just impartially judging (thumbs up or thumbs down) on the legality of the lower court decision, INSTEAD takes sides with ONE LITIGANT, and instructs the lower court EXACTLY what it
SHOULD do in order to GUARANTEE that the one litigant WILL WIN and it will be appeal-proof.
And this is EXACTLY how Terri came to be nearly killed on October 15th.
IMO, the 2nd DCA appears to have been a gang of cold-hearted thugs in the past. They are also too personally involved in this case to be impartial. And they should recuse themselves from this Constitutionality issue, and forward the challenge to the proper Tallahassee courts.
Unless they do that, we should RECALL or REMOVE ALL of these judges!
* Chief Judge Chris W. Altenbernd
* Judge Carolyn K. Fulmer
* Judge Thomas E. Stringer, Sr.
* Judge Morris Silberman
* Judge James W. Whatley
* Judge Virginia M. Hernandez Covington
* Judge Stevan T. Northcutt
* Judge Patricia J. Kelly
* Judge Darryl C. Casanueva
* Judge Charles T. Canady
* Judge E.J. Salcines
* Judge Craig C. Villanti
* Judge Douglas A. Wallace
...(with exceptions of course for any that NEVER have, and NEVER DO rule to "kill-the-disabled")
REMOVAL of Judges
To: AmericaUnited
no more dominion = no more HAVE dominion
To: FL_engineer
To: "George W. Greer" <ggreer@co.pinellas.fl.us>
From: "William H. Rehnquist" <rehnquest@supremecourtus.gov>
Subject: Ex Parte Communications
Sec. 2414.2 Unauthorized communications.
(b) No Authority member, Administrative Law Judge, or other Authority employee who is or may reasonably be expected to be involved in the decisional process of the proceeding relevant to the merits of the proceeding shall: (1) Request any prohibited ex parte communications; or (2) make or knowingly cause to be made any prohibited ex parte communications about the proceeding to any interested person outside this agency relevant to the merits of the proceeding.
Judge Greer; We have noticed with concern
your anger when you naively assumed that an e-mail, ADDRESSED to you from attorney Pat Anderson, MUST HAVE actually come from attorney Anderson.
The fact that this information 'leaked' out in a rage during a hearing, instead of you immediately correcting her through normal channels, indicates you were harboring unwarranted, pent-up anger at this one litigant. It also indicates you are no longer impartial in the Schiavo case, and you REALLY should recuse yourself immediately.
You should also know that ANYONE
[Felos] can E-MAIL or FAX you ANYTHING
[PsyOps] and PRETEND to be someone else! The term is called 'spoofing', and it is done all the time by junk e-mailers.
Please do not respond to this email since this DID NOT actually originate from the US Supreme Court.
-Thomas Jefferson
President of the United States (retired)
To: nickcarraway
Has the Schindler's attorney or anyone else ever brought suit regarding the constitutionality of the right-to-die law?
It clearly was written to allow the backdoor legalization of euthanasia, which is denied in the very same law. It allows the the violation of an individual's rights, through the definition of food and water as life support. To take away food and water is to actively cause a person's death, not "letting them go".
The right-to-die law should be just that, a law allowing an individual to decide for themselves their future, not allowing another to decide their date of death. If people want to be able to kill an otherwise healthy individual by starvation, it should be spelled out in the law. It shouldn't be allowed to be slipped in disguised as a right-to-die.
15
posted on
11/16/2003 5:28:36 AM PST
by
kenth
(Where are we going and why am I in this handbasket?)
To: nickcarraway
Got this email....
My mother called me last week and told me that my dad's youngest brother choked on a piece of meat. He was standing at the kitchen counter eating sausage. His wife went to another room and when she came back, he was motioning for her to hit him on the back (NEVER do that, always do the Heimlich). She did and he started turning blue. She called 911 and by the time they got there, he passed out. He's been in a coma since last Saturday. His daughters from an earlier marriage, from California, came to see him. The doctors had told his wife that they needed to take him off life support because he was brain dead. WELL, his oldest daughter had put her head on the bed and was crying, his sister noticed that tears started coming down his face. They called in the doctor and he told Lisa (his daughter) to talk to him and tell him to blink, so she did and he blinked! We're all just praying that he continues to improve.
16
posted on
11/16/2003 6:29:06 AM PST
by
buffyt
(Can you imagine a Democrat President winning the 2004 election??? Me Neither!!!!)
To: lonevoice
God bless you.
17
posted on
11/16/2003 6:56:39 AM PST
by
John Doe
To: nickcarraway
Per the picture - Satan is in a dominating stance over the sitting female attorney looking up to him and offering opened palms. Hope Amy isn't intimidated as easily as that moment in time picture.
To: buffyt
The doctors had told his wife that they needed to take him off life support because he was brain dead. WELL, his oldest daughter had put her head on the bed and was crying, his sister noticed that tears started coming down his face. They called in the doctor and he told Lisa (his daughter) to talk to him and tell him to blink, so she did and he blinked! It seems like doctors are often deciding that someone is brain dead when they are not. What is going on here? How many times is this scene repeating itself across our nation? I know the doctors were claiming my father was brain dead when he was still talking to the family. I hope your uncle continues to improve.
To: buffyt
They called in the doctor and he told Lisa (his daughter) to talk to him and tell him to blink, so she did and he blinked! We're all just praying that he continues to improve. I will pray he DOES continue to improve until he is completely recoverd buffyt! I firmly believe that those in these so called " vegetative state" are fully aware but just not able to communicate....
20
posted on
11/16/2003 7:24:33 AM PST
by
pollywog
(Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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