Florida: Pinellas judge rules Schiavo law unconstitutional

AP ^ | May 6 2004

[george wythe]

A Circuit Court judge ruled Thursday that the law pushed by Gov. Jeb Bush to keep a severely brain damaged woman alive is unconstitutional. The governor's office filed an immediate appeal.

The ruling by Pinellas Circuit Court Judge W. Douglas Baird ends the first legal fight over the October law, passed just days after Terri Schiavo was disconnected from the feeding and hydration tube which has kept her alive for more than a decade. Her husband Michael had fought a long court battle to carry out what he said were his wife's wishes not to be kept alive artificially but her parents have said there were no such wishes.

[Snykerz]

I am VERY upset now......this is pure HORSE S**T.

[HOYA97]

This should be in Breaking News.

[steplock]

W. Douglas Baird
Judicial Practice Preference
http://www.jud6.org/LegalPractice/PracticeRequirements/Circuit/Baird/BAIRDWCR.htm

Criminal Sections

PRETRIAL

Plea Negotiations:
Prefers active involvement in plea negotiation process. May become involved in designating additional conditions, but will not undercut State plea offer.

Continuances:
Prefers that counsel file a motion and schedule hearing for Pretrial and Trial continuances.

Discovery Issues:
When discovery disputes occur, counsel must confer and make a good faith attempt to resolve them without a hearing. If a hearing must be held, it should be timely scheduled in order to avoid potential trial delay.


Deposition Disputes:
Attempt to contact the judge in order to resolve the issue during the deposition.


Miscellaneous Problem Resolution:
No discussions without both counsel present. Prefers all discussions be held in the courtroom, on the record and upon the filing of a proper motion.

TRIAL

Motions in limine:
May be heard the morning of trial in most cases. Lengthy or complicated motions should be scheduled for hearing before the day of trial.


Courtroom Etiquette:
-Counsel should request permission to approach the bench, the witness, or the clerk.

-When the jury enters or exits the courtroom, counsel and the defendant should remain seated.


Voir Dire Procedure Preference:
Prefer attorneys inquire of the entire panel. Seating chart with jurors names will be provided.

[steplock]

For your judgement of this POS...

Honorable W. Douglas Baird
Judicial Practice Preferences
Circuit Civil
http://www.jud6.org/LegalPractice/PracticeRequirements/Circuit/Baird/BAIRDWCI.htm


1) Deposition Disputes:
- If absolutely critical, attempt a telephone hearing. Otherwise, certify question and set hearing.

2) Uniform Motion Calendar:
- Yes, interested.

3) Uniform Motion Calendar Preference:
- Contested and uncontested so long as the hearing does not last longer than 10 minutes and evidence is NOT permitted.

4) Telephonic Hearings:
- Are allowed.
- MUST be set forth in the notice of hearing.
- An attorney may at tend in person.
- Evidentiary matters will NOT be considered.
- The party filing the notice shall be responsible for getting each participant on line BEFORE calling the Judge.

5) Proposed Orders:
- MUST be pre-approved by opposing counsel BEFORE forwarding to the court, AND so stated in the cover letter.

6) Discovery Cut-Off:
- At pre-trial.

7) Pretrial Statements::
- No particular form required, so long as statement of facts,
intended evidence and expected witnesses are listed.

8) Motions in Limine:
- To be heard morning of trial.
- Any motion or motions in limine anticipated to be longer than 30 minutes should be set for hearing.

9) Trial Scheduling:
- Yes, WILL protect counsel until given date.
- Yes, allow 2 trials in one week.

10) Voir Dire Format:
- Entire panel is questioned in the gallery.

11) Voir Dire::
- Judge Baird may initiate voir dire questions to be followed by counsel.

12) Peremptory Challenges:
- 3 for all plaintiffs and 3 for all defendants.

13) Response From Counsel When Bailiff Brings in Jury:
- Counsel to remain seated.

14) Courtroom Trials - Request Permission for the following:
- To approach the bench.
- To approach the clerk.
- To approach the witness.

15) Attorney Fees:
- All issues regarding attorney's fees shall be left for subsequent hearing.

16) Marking Evidence to be Used at Trial:
- Prefers that ALL evidence be copied and exchanged 5 days prior to trial.
- Prefers that ALL evidence be marked with the clerk in advance of its intended use.

17) Showing Tangible Evidence to the Court:
- If Judge Baird requests to see an exhibit, counsel may hand it over directly.
- After showing opposing counsel, the attorney may then show the exhibit to the witness without showing the Judge first.

18) Mediation:
- ALWAYS required before trial.

19) Courtroom Demeanor Comments:
- NO speaking objections in jury trials.
- ALL argument is addressed to the Court.
- Examination of witnesses shall be from podium.
- NO argument following Court ruling.

20) Other Practice and Procedures Pointers:
- No comment.

[codyjacksmom]

Terri Ping...

[Barlowmaker]

Where does the case go now - to the Florida Supreme Court? What are the prospects there?

[nickcarraway]

Law to keep brain-damaged woman alive ruled unconstitutional (Baird Rules Against Terri)

[joesnuffy]

All of this is predicated on the opinion that Mike Schiavo and the courts are trying to grant Terry's wish to die.....(of course none of them care to find out what Terry's point of view might be)

Yet given the cruel deprivation of nutrition, water, medical treatment, hostile environment...
she refuses to die....and has a nearly superhuman desire to live...though she cant verbally express it enough to convince an activist judge...

So much for her right to life, liberty and the pursuit of happiness...

Mikey has spent most of Terry's court awarded rehab money on himself....she is no longer of any use to him..and is a great inconvenience..

Perhaps if her parents were granted guardianship they might be able to initiate some investigation into her mistreatment at the hands of medical staff and govt. officials...

And several law suits would be filed on her behalf....

Sure seems like a whole lot of 'professionals' who are sworn to protect and uphold life
want this poor woman dead...in the worst way...

Yet she continues to confound them with her tenacious desire to live....

[george wythe]

Where does the case go now - to the Florida Supreme Court? What are the prospects there?

To the appellate court, the Second District Court of Appeals in southwest Florida.

The appellate court has already ruled that Baird did not err when he called the law "presumptively unconstitutional."

Perhaps a technicality might reverse this decision, but most judicial experts had predicted that "Terri's Law" would be found unconstitutional by the trial court, the appellate court, and Florida Supreme Court.

[nickcarraway]

What about Terri's own constitutional rights?

[Catspaw]

Not very helpful--why did Judge Baird rule Terri's law was unconstitutional?

[Cicero]

Judge Baird has played a very high-profile role in the effort to murder Terry Schiavo. He should be recalled, disbarred, impeached, whatever it takes. He is nothing better than an accomplice to murder.

[scouse]

Pinellas Circuit Court Judge W. Douglas Baird
Someone should ask this person has he ever heard the following:
...."They are endowed by their Creator with certainUnalienable Rights.

Among these are the Rights to LIFE, Liberty and the Pursuit of Happiness.

Then ask him if he he knows what Unalienable means.

[george wythe]

Two different views on this case:

Findlaw.com

How The Florida Legislature and Governor Have Usurped the Judicial Role in the Schiavo "Right to Die" Case
By MICHAEL C. DORF

weeklystandard.com

The Rule of Terri's Case Strikes Again. Terri's parents are held to the letter of the law; the man who is trying to kill her is given heaping amounts of "judicial discretion."
by Wesley J. Smith

[Dante3]

Baird must be recalled. He sure has some vested interest in Terri's death. Or he is being blackmailed. Would be interessting to know more about his personal life.

[Dante3]

This is such as outrage. Can't Bush pardon Terri? Vicious criminals have received pardons.

[george wythe]

why did Judge Baird rule Terri's law was unconstitutional?

From an expanded AP story:

The so-called "Terri's Law" is unconstitutional because it violates the Schiavos' right to privacy and because it delegated legislative power to the governor.

[george wythe]

Timeline

_ Feb. 25, 1990: Terri Schiavo collapses in her home. Doctors believe a potassium imbalance caused her heart to stop, temporarily cutting off oxygen to her brain.

_ Nov. 1992: Terri's husband, Michael, wins malpractice suit that accused doctors of misdiagnosing his wife; jury awards more than more than $700,000 for her care, Michael receives an additional $300,000.

_ Feb. 14, 1993: Terri Schiavo's parents, Bob and Mary Schindler, have a falling out with Michael over the malpractice suit money and Terri's care.

_ July 29, 1993: Bob and Mary Schindler file petition to have Michael Schiavo removed as Terri's guardian. The case is later dismissed.

_ May 1998: Michael Schiavo files petition to remove Terri's feeding tube.

_ Feb. 11, 2000: Circuit Judge George W. Greer rules feeding tube can be removed.

_ Jan. 24, 2001: 2nd District Court of Appeal upholds Greer's decision.

_ March 29, 2001: Greer rules feeding tube to be removed April 20.

_ April 18, 2001: Florida Supreme Court refuses to intervene in the case.

_ April 20, 2001: U.S. District Judge Richard Lazzara grants the Schindlers a stay until April 23 to exhaust appeals.

_ April 23, 2001: U.S. Supreme Court refuses to intervene.

_ April 24, 2001: Feeding tube is removed from Terri Schiavo.

_ April 26, 2001: Circuit Judge Frank Quesada orders doctors to reinsert Terri's feeding tube; the Schindlers pursue lawsuit against Michael Schiavo, accusing him of committing perjury by saying his wife did not want to be kept on life support.

_ April 30, 2001: Lawyers for Michael Schiavo file emergency motion with appellate court asking it to order removal of Terri's feeding tube.

_ July 11, 2001: 2nd District Court of Appeal sends case back to Judge Greer.

_ July 18, 2001: Schindlers ask Greer to let their doctors evaluate Terri before making a final decision on removing the feeding tube.

_ Aug. 10, 2001: Greer denies the Schindlers' evaluation request, as well as their request to remove Michael Schiavo as guardian.

_ Sept. 26, 2001: Schindlers' attorneys argue before 2nd District Court of Appeal, citing testimony from seven doctors who say Terri can recover with the right treatment.

_ Oct. 3, 2001: 2nd District Court of Appeal delays removal of feeding tube indefinitely.

_ Oct. 17, 2001: 2nd District Court of Appeal rules that five doctors can examine Terri to determine whether she has any hope of recovery. Two doctors are picked by the Schindlers, two are picked by Michael Schiavo and one is picked by the court.

_ Feb. 13, 2002: Mediation attempts fail; Michael Schiavo again seeks to be allowed to remove Terri's feeding tube.

_ Oct. 12, 2002: Weeklong hearing begins in the case. Three doctors, including the one appointed by the court, testify that Terri is in a persistent, vegetative state with no hope of recovery. The two doctors selected by the Schindlers say she can recover.

_ Nov. 12, 2002: The Schindlers' attorney says medical records suggest Terri's condition may have been brought on by physical abuse, and asks for more time to get more evidence.

_ Nov. 22, 2002: Judge Greer rules that there is no evidence that Terri has any hope of recovery and orders feeding tube to be removed Jan. 3, 2003.

_ Dec. 13, 2002: Judge Greer stays order to remove feeding tube on Jan. 3 until the 2nd District Court of Appeal reviews the case.

_April 4, 2003: Schindlers' attorneys ask Second District Court of Appeal panel to "err on the side of life" and overturn Greer's ruling.

_June 6, 2003: 2nd District Court of Appeal upholds Greer's ruling.

_July 15, 2003: The 2nd District Court of Appeal refuses to rehear the case.

_Aug. 22, 2003: The Florida Supreme Court declines to hear case.

_Sept. 2, 2003: Schindlers take case to federal court seeking judicial intervention.

_Sept. 17, 2003: Judge Greer sets Oct. 15 date for removal of tube.

_Oct. 3, 2003: Attorney General Charlie Crist says he won't get involved in case.

_Oct. 7, 2003: Gov. Jeb Bush files a federal court brief urging Terri Schiavo be kept alive.

_Oct. 10, 2003: U.S. District Judge Lazzara rules he does not have jurisdiction to intervene in case.

_Oct. 13, 2003: Protesters and Schindler family begin 24-hour vigil at Pinellas Park hospice where Terri Schiavo lives.

_Oct. 14, 2003: 2nd District Court of Appeal again refuses to block tube removal; Schindler attorneys declare legal options exhausted.

_Oct. 15, 2003: Doctors remove feeding tube; Bush pledges to search for possible legal options to resume feedings.

_Oct. 17, 2003: Two state courts reject the Schindler's request to reinsert the feeding tube.

_Oct. 20, 2003: The Florida House of Representatives votes to give governor the power to issue a stay in the feeding tube dispute.

_Oct. 21, 2003: The Senate and House agree on legislation allowing Bush to intervene. He signs the bill, then issues an order to reinsert the tube. Morton Plant Hospital begins rehydrating Terri Schiavo, six days after her feeding tube was removed. A judge rejects a request by her husband's attorney to temporarily restrain the governor's order.

_May 6, 2004: Circuit Judge W. Douglas Baird rules the law allowing Bush to intervene is unconstitutional. The governor's attorneys file an appeal.

[Lexinom]

Just sick. How? Why?

The irony is that the main reason she hasn't improved, and is therefore considered unworthy to live, is because Michael hasn't even given her the chance to improve because he's misappropriated her therapy money instead to legal fees to end her life.

Unbelievable.