Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: All; Scoop 1; Chocolate Rose; Ohioan from Florida; ExPatInFrance; tutstar; Republic; TAdams8591; ...

Schiavo never had appropriate legal representation, court told

By JONI B. HANNIGAN
February 3, 2005

http://www.floridabaptistwitness.com/3782.article

(excerpts)

CLEARWATER (FBW)--Urging the court to not rush into a life-and-death situation at the hands of an “overzealous” attorney, a lawyer for Terri Schiavo’s family argued Jan. 28 that she has never been given her constitutional right to an independent attorney, something that should happen before she is literally starved to death by a court order.

Gibbs said Terri Schiavo had not been given due process under the law because she did not have independent counsel at any time during the proceeding that would ultimately decide whether she lives or dies. He also argued that the separation of powers is in jeopardy when the judiciary is solely responsible in deciding the outcome of such a critical issue.

Several times at the hearing, Gibbs urged the judge to make sure, whatever the outcome, that Terri Schiavo has her day in court.

“I urge the court not to rush,” Gibbs said. “There is not reversibility once Terri Schiavo has been starved and dehydrated to death.”



812 posted on 02/09/2005 4:34:32 AM PST by amdgmary
[ Post Reply | Private Reply | To 811 | View Replies ]


To: amdgmary
Recently, a friend's family, one of whom was her guardian, wanted to keep her in a nursing home for the rest of her life because of minor problems with her short term memory.

We helped her get an attorney, because she had only been represented by her family's attorney, paid for out of he own trust fund. Through the help of her attorney, she was able to convince the judge to have another family member and friend share her guardianship with her immediate family member. After that her attorney helped to win her complete emancipation. Of course my friend had a far more reasonable judge who thought the family's plans for my friend were HARSH.

Terri is not able herself to secure her own attorney. That doesn't mean she doesn't have a RIGHT to have one. She does.

Judge Greer had better see it that way.

829 posted on 02/09/2005 8:57:00 AM PST by TOUGH STOUGH (If starvation & dehydration are painless, make them the method of preference for Capital Punishment.)
[ Post Reply | Private Reply | To 812 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson