Judge dismisses need for witnesses in Schiavo case; legal outlook 'gloomy'

sbcbaptistpress.org ^ | Dec 29, 2003 | Joni B. Hannigan

[wisconsinconservative]

ping

[JulieRNR21]

The impending ruling of Judge Baird makes me feel gloomy......the attempt to declare 'Terri's Law' unconstitutional will probably go to the FL SC which (we know) is controlled by 'pro death' liberals.

Pings for comment & continued prayers for Terri's Fight for Life!

[wisconsinconservative]

Thanks for sending out the pings. Sorry to anyone I missed.

Looks like we need a miracle here. Keep praying.

[Pegita]

Heavenly Father, we return to give You thanks that You are Sovereign God and that nothing comes to us that is not sifted through our Father's hands. We cannot know the ways in which You are working on behalf of this mother's child, but we know that You have stirred the hearts of people to defend her in prayer and in action. We continually seek that earthly judge who will render justice to Terri, and we will be as persistent as the woman in the Bible who would not be stopped until she was granted relief.

Strengthen Terri's legal team for the challenges ahead. Prepare the way through the Spirit's working in the hearts of those charged with righteous rule ... undertake on their behalf, that they not be found guilty of denying justice to one who is not allowed to speak for herself. Be her voice, Creator God, and speak that all the world may hear that in Your hand, and in Your hand, alone, is the life of every living thing, and the breath of all mankind.

Hear our prayer, O Lord ... hear our prayer, O Lord ... incline thine ear to us, and grant us thy peace ... Amen

[txrangerette]

Correct me if I'm wrong, but since
Jeb was no party in the original
litigation and is a defendant in
this one, wasn't Connor optimistic
(at first) that Jeb would by right
get DISCOVERY here???

By right under the Constitution of
the United States(due process)?

Not this despicable judge, nor the FL Supremes, are empowered to say
the final word about THAT.

Am I right or wrong?

I don't get this!

[Ragtime Cowgirl]

Beautiful, Pegita. Amen.

Do you mind my forwarding your prayer to a few Fla. judges?

[cyn]

Thanks.

Let's remember Gideon in Judges 6 - 7.

Judges 7:4 "But the Lord said to Gideon, "there are still too many men." !!

I'm praying to see this with spiritual eyes, for increased faith, and at the same time, for increased strength & wisdom to do whatever needs to be done.

[Saundra Duffy]

All we can do is pray.

[Pegita]

Once a prayer is uttered, Ragtime, the Lord sends it to whomever and wherever it should go. If He's prompting you to send it on, let it wing its way. He promises that His Word shall not return void .. Hallelujah!

[msmagoo]

That is still being appealed...pray they allow the depositions. And keep emailing!

Thank you for the prayers, Pegita. I'm misty eyed again.

[Ragtime Cowgirl]

Thank you for both the prayer and the words of wisdom, Pegita.
Gladly passing them on.

A few helpful e-mail addresses, in case anyone else is interested:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

E-mail Judge W. Douglas Baird:  Sixth Circuit Court: courts@jud6.org

Phone:     "      "   : (727) 464-3232

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ProofG@aol.com              ~ George Felos

ggreer@co.pinellas.fl.us     ~ Judge George Greer

lendmar@gte.net                ~ Judge John Lenderman.

ddemers@co.pinellas.fl.us  ~ Judge David Demers, 6th Judicial Court

strzalkar@flcourts.org        ~ Florida Second District Court of Appeal

 

Florida AG: ag@oag.state.fl.us

           

Executive Office of Governor, Legal Team to Jeb Bush:   jeb.bush@myflorida.com

                                                                                              jeb@myflorida.com

Robert H. Fernandez (Deputy General Counsel to Governor):  fernanr@eog.state.fl.us
Raquel A. Rodriguez (General Counsel to Governor):              raquel.rodriguez@myflorida.com
Christa Calamas (Assistant General Counsel to Governor):       calamac@eog.state.fl.us

 

More of Terri's defenders:

Bob Marshall:               bob.marshall@trincomm.org
Speaker Johnny Byrd:      speakerbyrd@myfloridahouse.com
Sen. Jim Sebesta:             sebesta.jim.web@flsenate.gov
Senator Daniel Webster:   drawdy.ann.so9@flsenate.gov  (Senator Webster’s aide)

Senator Tom Lee:             lee.tom.web@flsenate.gov

~~~~~~~~~~~~~~~~~~~~~

 

Local Florida press:

editor.letters@heraldtribune.com    Sarasota Herald Tribune
dklement@bradentonherald.com    Bradenton Herald

letters@sptimes.com                      St. Pete Times
tribletters@tampatrib.com              Tampa Tribune

 

[jwalsh07]

Baird, who previously has indicated he believes the action in behalf of Schiavo was unconstitutional, did not issue his decision immediately but said he will wait until an appeals court rules on three actions Bush has filed in the case.

Another tyrannist who needs impeaching, he has decided the case before the case started and witnesses and testimony are pointless to an all knowing god.

[txrangerette]

I know it's on appeal, but others
are suggesting the FL Supremes
will be the dead-end. If Jeb"s
rights are ignored(we know Terri's
are, but on a more complex point
of state law - Jeb's are ON THE
FACE OF IT), why wouldn't his due
process rights fall under federal
constitutional law?

[fiesti]

Amen

[Saundra Duffy]

I wonder if Terri and the Schindler's had a nice Christmas. (How could they?) And what will 2004 bring - death and destruction OR life and freedom?! Let's keep praying!! Go, Terri!!

[Saundra Duffy]

Thanks for all the email addresses! Go, Terri!!

[Saundra Duffy]

Found this on the web. The slippery slope:

ACLU-NC Supports Man's Right to
End Life Support
by Jenesse Miller

On October 10, the ACLU-NC filed an amicus brief in the California Supreme Court supporting Robert Wendland, a man on life-support, who had previously asserted his desire not to be sustained artificially by medical technology.

Robert suffered a catastrophic automobile accident in 1993, which left him in a prolonged coma. He emerged from the coma in 1995, but has remained in a minimally conscious state, from which he will not improve, from which he will not improve, unable to communicate and sustained by artificial feeding tubes. After three operations to surgically reinsert the tubes after Robert pulled them out, his wife Rose Wendland declined to give consent to a fourth surgery. She stated that Robert told her that he would never wish a prolonged existence on medical technology if her suffered a major accident.

Acting as the conservator of her husband, Robert, Rose Wendland is seeking to honor her husband's wishes in withdrawing artificial nutrition and hydration. Robert Wendland's mother and sister successfully challenged the this action in the trial court. The Court of Appeal reversed. The case, Wendland v. Wendland, is now before the California Supreme Court, and presents the court with an opportunity for a major constitutional decision on the right to die.

"This case is about the constitutional right to privacy," said ACLU-NC staff attorney Margaret Crosby. "California's right to privacy expressly protects two important freedoms: autonomy in important decisions and control of information. The right to make choices at the end of life has its roots in both of these."

The ACLU argues that California's revised Probate Code directs conservators to implement the wishes of incompetent patients whenever possible. "Robert's current inability to articulate his treatment preferences does not negate his constitutional right to privacy," explained Crosby. "The California Legislature has made it possible for a conservator to carry out the private end-of-life decisions of a loved one who is unable to personally convey those wishes."

Although Robert Wendland's mother and sister argued that Robert never officially recorded a desire to forgo life-sustaining treatment prior to the tragic accident that left him unable to further articulate his treatment preferences, the ACLU-NC brief cites national surveys that most people, although they think about and discuss these issues, never put those requests into writing. "Imposing such a high evidentiary burden would impede many genuine treatment desires, thereby blocking a patient's constitutionally protected choice," said Crosby.

Robert's condition does not exactly mirror that of others who have won the right to terminate artificial life support: those in persistent vegetative states and those who are competent and can voice their decision. However, the ACLU argues that he still has the right to have his treatment wishes honored. Crosby pointed out that because minimally conscious patients like Robert can experience pain, suffering and feelings of humiliation, they may have even more at stake than those in vegetative states in having their directives respected.

"The ACLU recognizes the state's interest in enacting safeguards to ensure that end-of-life choices reflect authentic wishes of the patient. But the state may not require an individual to endure a biological existence he has made clear he would find unbearable, simply to promote an abstract interest in preserving life," said Crosby. "The key question we must ask ourselves is: is Robert Wendland a participant in his treatment, or a prisoner of technology?"

Crosby noted several safeguards that have been enacted in California to protect potentially vulnerable patients, including procedures for appointing and challenging a conservator, who must set aside personal beliefs, act as a true surrogate, seek medical advice, and involve several experts who play a role in any decision to terminate care. In Robert Wendland's case, his treating physician, a hospital ethics committee, and an ombudsman unanimously supported Rose's decision to honor her husband's wishes not to artificially prolong his existence.

"Essentially this case is about the fundamental right to privacy, and the right to control one's own body -- to make private choices about how we will die, just as we make private decisions about how we will live," concluded Crosby.

American Civil Liberties Union of Northern California
1663 Mission Street, Suite 460, San Francisco, CA 94103
(415) 621-2493

[Saundra Duffy]

Any news?

[wisconsinconservative]

Have you seen this thread yet?

Terri Schiavo update: Judge Baird is OFF case.
http://www.freerepublic.com/focus/f-news/1052032/posts?q=1&&page=1

Read thru the whole thread before you get too excited. There seems to some confusion on whether or not Judge Nelly Khouzam will be taking over on Terri's case.