To: Budge; Pegita; cyn; Calpernia; Babalu; floriduh voter; dandelion; PleaseNoMore; viaveritasvita; ...
"George Felos, Michael Schiavo's attorney, could not immediately be reached for comment." Bwahahahahahaha......probably still in shock at the ingenuity of those "dumb" Bushes. Way to go Jeb!
.
Ping for some good news.
If you want on or off of this ping list, please let me know.
8 posted on
11/19/2003 4:27:47 PM PST by
sweetliberty
("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
To: sweetliberty
Here was an article with a little more detail on today's filings:
From:
http://www.bradenton.com/mld/bradenton/7302294.htm >>>>>[excerpt]
Ken Connor, the Tampa attorney representing the governor in the case, said that before a court can decide whether Terri Schiavo's private health care wishes were violated, it first has to be established by a jury what her wishes were.
Connor said the governor is arguing his actions were not unconstitutional because Terri Schiavo's case is markedly different from the right-to-die case which established Florida case law.
The precedent-setting case of Estelle Browning involved a woman who had two written wills establishing she did not want to be kept alive artificially. There were no family members disputing that was her choice.
Terri Schiavo had no advanced directives and her parents dispute their daughter would have had such end-of-life wishes. The judge's decision to grant Michael Schiavo permission to withdraw the feeding tube was based on testimony from Michael Schiavo, his brother and a sister-in-law.
Connor said it is improper to use "borrowed" evidence from a separate court case in this new legal action against the governor.
"You can't just say it, you are going to have to prove it," Connor said, adding to not hold a trial would then violate Bush's due process rights.
"We believe the governor is entitled to the same due process rights as any other citizen," Connor said. "He's not a second class citizen because he is the governor."
Connor said the new law is actually an additional layer of protection for disabled people by providing an independent guardian to investigate when there is nothing in writing and when family members disagree on treatment.
The new law also doesn't encroach on the separation of powers because Florida courts have recognized that lawmakers may act to affect prior court decisions, Connor said the filings argue.
In the filing seeking to remove Baird from the case, Connor cited statements the judge recently made saying that Terri Schiavo's rights are being violated.
"The court seems to have just bought the Felos argument without even having heard from the governor," Connor said.
>>>>
12 posted on
11/19/2003 4:33:08 PM PST by
appropos
To: sweetliberty
Thank you, Jeb Bush!
It seems staying the course, once he has determined the correct one, runs in the family.
17 posted on
11/19/2003 4:37:14 PM PST by
sarasmom
To: sweetliberty
So help me out here. What has happened? Since he is the one being sued does he automatically get a jury trial if he wants it? Was J Baird removed?
To: sweetliberty
I am excited that Goveror Bush's team is on the ball!! I prayed today for Ken Connor that God would give him wisdom. Can anyone fill us in as to just what this means and where the case is headed from here... ?
35 posted on
11/19/2003 4:58:01 PM PST by
pollywog
(Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
To: sweetliberty
bump!
44 posted on
11/19/2003 5:18:35 PM PST by
Canticle_of_Deborah
(National health care gives the government the means to kill you when you become too expensive)
To: sweetliberty
I don't get the ping thing........duh
113 posted on
11/19/2003 8:21:46 PM PST by
KDubRN
To: sweetliberty
Dear Concerned Citizen:
As you may know, the Florida House recently led the fight to help save Terri Schiavos life from being cut short by court-ordered dehydration and starvation.
We passed legislation, known as Terris Law to allow the Governor to issue a stay on court-ordered starvation and dehydration deaths under certain circumstances.
Like many Floridians, I believe the process failed to protect Terri Schiavo and her family. Our action helps to restore a piece of what has been taken from her family.
Unfortunately, Terris husband, Michael, has continued to pursue legal avenues to end Terris life. Terris case is again in courts, and the Florida House has filed a friend of the court brief defending the constitutionality of Terris Law.
I have attached the House brief for your information. Please take a minute to read our defense of Terris Law. At the following web link:
http://www.myfloridahouse.com/files/brief/index.htm Thank your for your continued interest in this matter.
Very truly yours,
Johnnie Byrd
Speaker
Have you seen this yet? Just a bit more info.
317 posted on
11/20/2003 6:10:12 PM PST by
Diva Betsy Ross
((were it not for the brave, there would be no land of the free -))
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