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To: pollywog
"This is the challenge by the Schindlers concerning guardianship, right? Will that be moot if Terri's law is ruled unconstitional?"

The feeding tube removal order is still in effect, but under an indefinite stay due to Terri's Law being passed. Because Grinch decided that Terri expressed a wish to not be kept alive 'on tubes' the order/ruling would still be in effect even if MS is removed as guardian.

Possibly, a new guardian could ask the court to hear additional evidence that would substantionally affect the Court's ruling that Terri would wish to have her feeding tube removed.

Although Greer's Oct. 15 ruling was final, it's my guess that if cause to have MS removed is found, that would call into question the integrity of the Court's earlier rulings in light of the 'new' evidence. (conflict of interest, abuse, neglect etc.)

I am guessing that if MS is removed as guardian for conflict of interest, at the very least his earlier testimony could be called into question.

I think the Schindlers can therefore pursue the guardianship petition until its been decided one way or the other, before the tube can be removed again IF Terri's Law is found to be unconstitutional.

To not decide the question of MS's guardianship prior to removal of the tube would leave unanswered questions about the fitness of MS to offer credible testimony in Terri's best interests. For the Court to make a mistake by failing to resolve this issue prior to her death would be an irreversible error.

My take on all these lawsuits is they all must be resolved before removing the feeding tube.

I think Bush is well-prepared and will prevail, though. Keep emailing and praying for justice in the meantime. :)

110 posted on 11/19/2003 9:55:43 AM PST by msmagoo
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To: msmagoo
Although Greer's Oct. 15 ruling was final, it's my guess that if cause to have MS removed is found, that would call into question the integrity of the Court's earlier rulings in light of the 'new' evidence. (conflict of interest, abuse, neglect etc.) I am guessing that if MS is removed as guardian for conflict of interest, at the very least his earlier testimony could be called into question.

There seems to be this little thing in the legal world called "presumption" which means, in English, first the verdict then the trial, and if the verdict made the trial moot well too bad. Greer already scheduled the tube pulling once to kill Terri on such a schedule as to constructively moot a guardianship case pending, and expressed absolutely no regrets over that. Hey just following orders!

145 posted on 11/19/2003 12:40:54 PM PST by HiTech RedNeck ("Across this great nation people pray -- do not put out her flame" -- DFU. An unashamed Godsquadder)
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