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Appeals court declines to remove judge in Schiavo case
Sarasota Herald Tribune ^ | December 10, 2003 | The Associated Press

Posted on 12/10/2003 12:23:32 PM PST by daylate-dollarshort

Appeals court declines to remove judge in Schiavo case

The Associated Press

CLEARWATER, Fla. An appeals court rejected Gov. Jeb Bush's assertion that the circuit judge overseeing the case of a severely brain-damaged woman is biased and refused Wednesday to remove him.

The 2nd District Court of Appeal refused to bar Pinellas-Pasco Circuit Judge W. Douglas Baird from hearing arguments regarding the constitutionality of a new law enacted to reinsert the feeding tube keeping Terri Schiavo alive after her husband had it removed.

Bush's attorney, Kenneth L. Connor, argued that Baird had already made up his mind, citing statements the judge made from the bench last month in which he said the new law is "presumptively unconstitutional" and deprives Schiavo of her right to privacy.

But the appellate court said Baird's comments were not improper and "legally insufficient to instill a well-founded fear of prejudice or bias."

(Excerpt) Read more at heraldtribune.com ...


TOPICS: Culture/Society; Front Page News; News/Current Events
KEYWORDS: florida; judgebaird; schiavo; terri; terrischiavo; terrischindler; terrisfight
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To: UCANSEE2
When is Freep going to institute a "recommend this post" function?

I highly recommend this post</homemade reco>
21 posted on 12/10/2003 2:26:16 PM PST by phenn (http://www.terrisfight.org)
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To: sweetliberty
FL is just like the whole U.S.A.

FL and the USA have excellent constitutions.

And both have judges who disagree with the large majority of what the constitutions say. Remember, the Republican Charles Evans Hughes like the "Republican" Douglas Baird said that the Constitution "means what the judges say." I don't think the people will do much about it.
22 posted on 12/10/2003 2:29:08 PM PST by Theodore R.
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To: Mac The Knife
Terri didn't make this a circus. The courts did. Her parents have offered to care for her and doctors are willing to help her.

Before you flip a noodle, ask yourself: If you had several, credible doctors telling you: "Don't you DARE give up on your daughter! We can help you! We'll do it for free! Just don't give up - she can be helped! Give us a chance!"

Would you let MS have his way? I wouldn't.
23 posted on 12/10/2003 2:34:52 PM PST by phenn (http://www.terrisfight.org)
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To: phenn; All
POLL STAT

http://www.wftv.com/news/2696590/detail.html
24 posted on 12/10/2003 2:42:07 PM PST by KDubRN (POLL STAT)
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To: All
Since the appeal was denied, isn't the next step to take it to the Supreme Court? After all, look at the 9th "Circus" Court of Appeals in California. They are overturned by the Supremem Court all the time for making policy from the bench and not following the law. In fact, they are the most overturned appeals bench in the country.
25 posted on 12/10/2003 2:56:25 PM PST by atruelady
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To: daylate-dollarshort
Heavenly Father, we return to give You thanks that evil continually is being revealed ... may it be, Father God, that You would remove the scales from the eyes of so many, that this injustice within our judiciary be so evident that people will settle for nothing less than righteous rule. Again, O God, we ask that you empower Terri's legal team with all wisdom and knowledge for they will again go into the courts of law seeking nothing less than justice for this mother's child.

We continually pray for that one judge ... like the one in Your word ... who rendered justice only because the widow appeared again and again and would not be silenced. May we be as she ... consistent and persistent and accepting nothing less than justice.

In so few ways, but on such a grand scale, Creator God, You have shown us the waywardness of even the highest court in the land. Because of our beloved Terri, we have learned that it is paramount that those charged with judicial decision be lovers of the law, as well as learned. You have charged each with granting justice to all those who appear before them ... bring them to task, Father, if they fail. Bring us to task, Father, if we do not lend our efforts to restoring order to our beloved country.

We pray for Your continued watchfulness over Terri and her family ... may her new surroundings be pleasing to her ... may she prosper despite what some would do to her. Again we pray that You would keep her from all harm ... let those who come near her be aware that she is beloved by thousands, and may they reverence her life. Whisper to her, O Lord ... "be not dismayed what 'ere betide, God will take care of you .."

Grant strength and comfort to those who seek her release from the merchants of death .. may she soon be released from her man made prison and returned to the safety and care of her beloved family ... in the name of Jesus, I pray, Amen ...

26 posted on 12/10/2003 3:07:41 PM PST by Pegita ('Tis so sweet to trust in Jesus, just to take Him at His Word ...)
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To: daylate-dollarshort
INTREP - the judicial system in Florida needs to be cleaned out!
27 posted on 12/10/2003 3:08:41 PM PST by LiteKeeper
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I really believe that this nightmare in Florida has two roots:

1. The judges are the sort of people who feel such contempt for intellectual and educational "inferiors" that they cannot help but think that they would all be better off dead. This clouds their view and makes it impossible for them to judge this case fairly : for them, it's all about "freeing" Terri from a life they'd rather be dead than have to live. And also to free poor, pitiful, picked-on Michael from his "burden"...which should clue the spouses , parents, and children of these judges what will be their fate if they should become incapacitated without a living will. 'Sickness and in health' be damned!

2.They like being able to stick their thumbs in the eyes of all the people who are horrified at MS's incessant attempts at uxoricide-AND let us know that, in a sense, we are no longer citizens, but state property, and in absence of a living will, our usefulness to that state will determine whether we are allowed to live. Right to life, liberty, and pursuit of happiness be damned, too.

28 posted on 12/10/2003 3:23:44 PM PST by kaylar
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To: Mac The Knife
Dear God, please never let me be in a postion where my death will become a circus.

Why do you call out to God to allow you to make a choice that is only His to make? Can you point me to scripture that shows where our human desires ever trump His Holy Word?

You assume He has no further use for the beautiful person He created...I say you are wrong. You're looking at this from what you would want..not what God would want.

29 posted on 12/10/2003 3:29:50 PM PST by Krodg
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To: Ohioan from Florida
Agreeing with your prayer!
30 posted on 12/10/2003 3:32:05 PM PST by countrydummy
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Comment #31 Removed by Moderator

To: m1-lightning; sweetliberty
I agree with every word you said.

I'm in the middle of finals but I haven't stopped praying for Terri. I just am not very well-informed any more. Has anything major gone against her--anything that would mean her execution is imminent again?
32 posted on 12/10/2003 4:07:18 PM PST by ChemistCat (Someone you know is alone and sad this holiday season. Find that person and help.)
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To: Stopislamnow
Many posters on here resent/lament the situation that Terri herself is in. They say let Terri die peaceably, she is braindead and won't feel a thing.

First, dieing of starvation is not painless, and if she is braindead as they claim (which I do not believe is true), the temporary hold to make sure murder is not the true reason for her being starved to death then should make no difference either.

If Terri is 'aware', which I believe because I know the mind is not centered in the brain to begin with, then I believe that God is giving us this opportunity and using Terri to make the rest of the nation aware of what is going on in Florida, with Hospices, with the Judge and Felos and their little death conspiracy for profit.

We are being given a chance to stop this kind of treatment, and maybe a chance to find out that Terri befell this condition at the hands of Michael, and not due to Bulimia, which was Michael's suggestion and not a doctor's diagnosis anyway.

Maybe Terri is not being allowed to die at the hands of Michael and the courts because she is giving us a gift to prevent the murder of others.

Were Michael the kind of supportive honest husband the media portrays, I would understand his conflict with her parents, and so would everyone else. They will never give up as long as she breathes, and that is the way it should be.

I would be on the side of the law, if that was the case, with sympathy for the family and their having to accept her termination.

Michael's acts, from before, throughout, and continuing to today, towards Terri, and her family, tell me there is more to this than parents that won't give up. Anyone that can't see 'through' Michael's act, is blind. Well, actually, blind people see better than most non-blind, so that is a bad expression, but you know what I mean.

Anyway, God isn't asking us to bend over and take it. He is showing us that we have an opportunity, and Terri has payed the price for us to be given that opportunity. What we do with that opportunity, is what separates heaven from hell.

MERRY CHRISTMAS!!!!

33 posted on 12/10/2003 4:10:41 PM PST by UCANSEE2 ("Duty is ours, Results are God's" --John Quincy Adams)
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To: ChemistCat; nicmarlo
"anything that would mean her execution is imminent again?"

Not specifically. The Hemlock Society is rallying their forces to try and keep this tauted as a "right-to-die" case and the newspapers down there are polling with highly misleading questions to make it look like most people want Terri dead, but as far as any court rulings, other than this current judicial travesty, there haven't been any to my knowledge.

Nic, I know you've been busy, but have you seen anything else new?

34 posted on 12/10/2003 4:11:37 PM PST by sweetliberty (Better to keep silent and be thought a fool than to open your mouth and remove all doubt.)
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To: All
I am having post #31 removed, as it got some other stuff pasted in and was a mess. PLease ignore #31 until it is removed, then you can really ignore it.
35 posted on 12/10/2003 4:16:33 PM PST by UCANSEE2 ("Duty is ours, Results are God's" --John Quincy Adams)
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To: daylate-dollarshort
God help Terri!
36 posted on 12/10/2003 4:18:17 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: sunryse
did Michael Schiavo make a deal with the devil or something?

Yes he did. Our only hope is in our Heavenly Father.

37 posted on 12/10/2003 4:19:48 PM PST by Saundra Duffy (For victory & freedom!!!)
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To: Krodg
Why do you call out to God to allow you to make a choice that is only His to make?

Unfortunately, many have lost the values and concepts many of us were taught.

Many people do not accept the concept that GOD decides on life or death, not mortals. Maybe that is because we think doctors hold the key to life and death, or medicine does, or government does, or that big guy with the gun.

Maybe having the ability to appear as having power over life and death is what causes the confusion.

I still believe that only GOD should have the power and decision of life or death.

Michael and the judge have all the power, yet Terri is alive. God's plan? We will see.

38 posted on 12/10/2003 4:30:24 PM PST by UCANSEE2 ("Duty is ours, Results are God's" --John Quincy Adams)
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To: UCANSEE2
First, dieing of starvation is not painless,

And dying of dehydration is even more decidedly not painless.

39 posted on 12/10/2003 5:01:10 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: UCANSEE2
I still believe that only GOD should have the power and decision of life or death.

At one time, everyone but a few pessimists believed that point. Now, I suspect that only a minority of optimists feel that way. People are too impatient to wait on God.
40 posted on 12/10/2003 5:04:12 PM PST by Theodore R.
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